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Protecting the Crown: Trademark Lessons from the Duke and Duchess of Sussex - Intellectual Property News

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Intellectual Property News


Posted on: Feb 26, 2020

Intro by John Bishop, Cohen Garelick & Glazier PC

In June of 2019, Sussex Royal The Foundation Of The Duke And Duchess Of Sussex filed UK applications seeking protection of the mark “Sussex Royal” in connection with printed matter, clothing, campaigning, charitable fundraising, education and social care services, including licensing of intellectual property. Following Prince Harry, Duke of Sussex and Meghan Markle, Duchess of Sussex’s Jan. 8 announcement that they intend to become “financially independent”, six new trademark applications were filed by competitors with the US Patent and Trademark Office for protection on “Sussex Royal”.

Unfortunately for the Duke and Duchess, their announcement without filing for protection of the mark with the USPTO or in Canada may prove fatal based upon these prior applicants. The lessons to be learned:

  • Clear your trademark first
  • File for protection before you announce
  • File in all countries where you intend to use the mark
  • Take advantage of the earlier filing date in a foreign country for the basis of the US application and
  • Monitor existing applications to see how applicants might naturally expand

Read more from IPwatchdog here.

If you would like to submit content or write an article for the Intellectual Property Section, please email Kara Sikorski at ksikorski@indybar.org.

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