Prince Harry and Princess Meghan continues to encounter new trademark problem in EnglandAAA IPRIGHT2
The prince and princess, as well as head of states, powerful countries around the world are not above intellectual property rights. This is a fact established in the modern era of 21st century. This is further proved recently as the former ‘Princess of England’ was in the press again with a new update on the trademark dispute “Archetypes”.
When Meghan Markle sought to trademark the word “Archetypes” in 2022, the duchess made a splash in several international newspapers. However, considering that at this point, things are relatively stable so Harry and Meghan no longer occupy too much newspaper headlines.
Past views of the Archetypes trademark dispute comes from the duchess’ misunderstanding of US intellectual property law (Implicit) and/or her intention to exclusively own the term through the intellectual property law system. However, things did not go according to Meghan’s way when the USPTO rejected her trademark application on the grounds that the trademark was potentially confusing, similar to a previously registered or ongoing trademark in assessment status but with an earlier filing date.
USPTO responds with a refusal to trademark the Meghan-Harry couple’s trademark ‘Archtypes’ based on the argument that the mark is likely to cause confusion with the company’s previously registered trademark of the same name, Project Miracle IP Holdings.
According to Meghan’s application, her trademark “Archetypes” (if successfully registered) will be used primarily for the podcast broadcasting service of podcast-run audio production company Archetypes, which has a direct affiliation continued with the couple’s Archewell organization.
In addition to broadcasting services, the application also includes many other product and service groups. However, according to intellectual property experts, the main reason for USPTO’s objection came from the Podcast service team due to the potential for confusion.
This is because Project Miracle IP Holdings has filed a trademark application and now owns the trademark “Archtypes” in commerce, mainly for the blogs, online publications, books and articles they publish. Given the popularity of audiobooks and live broadcasts, linking Meghan’s podcast service to Project Miracle IP Holdings is likely.
This similarity is likely to confuse consumers. That is why the USPTO has made the decision to refuse the initial registration.
When the Duchess of Sussex sought to trademark the word “Archetypes”, there was a response from certain media outlets expressing dissatisfaction with her decision.
However, whether this really comes from her actions in terms of intellectual property will be difficult to find out. However, considering that trademark registration is the right of each individual and organization and thereby, the negative arguments of these articles seem to be more political than pure IP rights perspective.
On January 18, 2023, the USPTO sent an official notice to the company owned by Meghan Markle and Prince Harry on the refusal of the trademark registration.
– You could check Required documents of filing trademark in USA here.
– You could see What needs to be done after registering a trademark in US? here.
– You could visit here to see What is use in commerce of filing trademark in USA.
– You could also check here to see Procedure of Trademark in USA.
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