My colleague, Charlotte Wilding, has previously reported on the unsuccessful attempt of Prince Harry and Meghan Markel to trade mark their brand SUSSEX ROYAL. They have now decided to rebrand themselves as non-working royals and filed for a new trade mark application for ‘Archewell’ in the US. The inspiration for this new brand comes from their son’s name Archie, as well as the Greek word “arche” which means “source of action”. This new trade mark will represent their non-profit empire that will include websites, films and their own awards. The application in the US was filed 3 March 2020 under the name Cobblestone Law LLC.

Filing an application in the US initially may serve to demonstrate that they now consider the US to be their home, but it may result in some limitations. For example, the USPTO operates a strict specification policy, which may result in unduly limited specifications elsewhere if they do seek to rely on the six month priority period. Also, the US requires actual use in order to register a mark, which may be difficult given the number of goods and services currently covered by the application.

The timing of this announcement has also been somewhat marred by the current pandemic crisis, highlighting that brands do need to think about their strategies and public perception carefully during this period.

We will keep an eye out to see whether this application is accepted and registered, and whether they also file new applications elsewhere (relying on the priority period in the next six months).