Previously, I reported that Harry and Megan were to rebrand SUSSEX ROYAL to ARCHEWELL, which represents their non-profit empire that will include websites, films and their own awards. (https://quickreads.kemplittle.com/post/102g4b6/sussex-royal-to-rebrand-to-archewell-will-archewell-go-down-well). The application in the US was filed 3 March 2020 under the name Cobblestone Law LLC.

There have been reports and speculations that their trade mark application for ARCHEWELL has been refused. This is not the case. An office action has been issued stating that the wording of their specification is too broad and needs clarification, amongst other issues raised by the Examiner in the US. These irregularities are easily rectified.

It is not uncommon to receive office actions from the USPTO querying trade mark specifications for being too broad. This is to protect the register from trade marks that will block other’s from registering for goods and services that they are genuinely using or intend to use. US trade marks are also subject to evidence of use before registration, during the 5th-6th year after registration and at renewal. Failure to disclose use of the mark when required in the US will render your trade mark registration being cancelled.

They have also been put on notice of the earlier filed application for ARCHECARES, which would have been a bar to registration if it had registered. However, the application for ARCHECARES has now been abandoned. Therefore Harry and Megan’s trade mark application no longer faces threat of refusal on the basis of likelihood of confusion with the earlier mark.

Harry and Megan have also filed trade mark applications in Canada, EU, UK, Australia and an International Registration covering China, India, Japan, Mexico, New Zealand and Russia. Their UK application has now published is subject to opposition period, allowing third parties to challenge their application until 24 June 2020.

Please get in touch if you are considering rebranding or filing trade mark applications in the UK or worldwide or require assistance with defending your trade mark application.