Prince Harry and Meghan Markle: Will they be able to continue using the Sussex Royal brand?

Critics argue the couple should not be able to refer to themselves as 'royal' at all

Prince Harry and Meghan Markle’s decision to step back as senior members of the royal family has raised a series of ongoing questions: will they continue to uphold their existing charity patronages? And will it impact the line of succession to the throne?

But the latest topic to stir debate is whether or not the couple will be allowed to use the Sussex Royal brand if they are not officially royals.

The Sussex Royal name, which features a monogram of H and M entwined and topped off with a crown, is at the centre of the couple’s social media presence, including their new website, Instagram account, and future charitable foundation.

But, following a statement from Buckingham Palace which stated that Harry and Meghan will no longer be permitted to use their HRH titles, can they refer to themselves as “royal"?

While critics claim the title is not sustainable given the clear message from the Queen, there has been no official statement from the palace and the couple have made moves to place a trademark on Sussex Royal.

Last year, an application to trademark the name was lodged with UK Intellectual Property Office by the couple’s advisors Natalie Campbell and Sara Latham, before ownership was switched to Harry and Meghan themselves in December.

The application raised the possibility that the Duke and Duchess of Sussex might launch their own lines of products, which could help them reach the “financially independent” status they set out to achieve in their initial statement.

Six classes were listed in the applications, covering printed matter such as magazines and greeting cards, clothing ranging from footwear to pyjamas, charitable fundraising and management, as well as education and social care services including the organising and conducting of emotional support groups.

However, the couple has already run into troubled waters. Earlier this week, an Australian doctor filed a complaint known as a “Notice of Threatened Opposition” to the UK Intellectual Property Office.

All trademark applications lead to an “opposition period” where anyone can object and file a complaint against the trademark and while the Duke and Duchess of Sussex’s period of opposition for the trademark of Sussex Royal was due to end on 20 February 2020, the complaint from Dr Benjamin Worcester means it has now been extended to 20 March 2020.

Speaking to The Independent, Michael Edenborough QC, and intellectual property barrister at Serle Court, said that although Dr Worcester has only filed an intention to oppose, it could see Harry and Meghan enter a lengthy legal battle.

“There are no details of the proposed opposition that has been filed by Mr Worcester. Further, he has only filed an intention to oppose, and that requires a full opposition to be filed in due course that must include the Grounds of Opposition that set out the detailed objections,” Edenborough said.

“Those objections could be that the mark 'Sussex Royal' is not distinctive, or conflicts with an earlier right (e.g. a club/company called Sussex [something]), or is otherwise not permitted (for example, cannot use the word ‘royal’, because they are no longer ‘royals’).”

Edenborough went on to explain that it’s not just oppositions from members of the public that could cause Harry and Meghan problems, adding that they must be careful not to conflict with other royal trademarks.

“The three main issues are trademarks, copyright and design rights,” Edenborough explains.

“There are strict limits on what they can register so as not to conflict with other royals, but in reality they will not want to be confused with other royals because they will want a separate identity.

One cannot be two things at once. You either are royal or you’re not

“There is plenty of room for third parties to register marks in other jurisdictions around the world to cause problems – they do not seem to have rolled-out the brand properly.”

To complicate matters further, the Queen’s most senior advisor on ceremonial matters has said it would not be 'satisfactory' for Prince Harry and Meghan Markle to continue to use the Sussex Royal name after stepping down from senior royal duties.

Thomas Woodcock, Garter Principal King of Arms, is a member of the royal household and his job is to ensure that royal symbols are not wrongly used commercially.

“I don’t think it’s satisfactory. One cannot be two things at once. You either are royal or you’re not,” Woodcock told The Times.

The advisor also confirmed that he is being consulted by Buckingham Palace but emphasised that he was just giving his personal opinion. The final decision will rest with the Queen.

“It is such unusual times that it is a matter of waiting and seeing how things develop,” Woodcock said.

While Harry and Meghan are indeed facing many challenges, some experts have suggested the couple could earn hundreds of millions of pounds, whether or not they manage to secure the trademark.

“They're a huge brand and influencers in their own right,” Andy Barr, a retail expert told Sky News, adding that the Sussex’s have the potential to earn up to £500m in their first year of independence.

"They're going to be the most famous brand in the world - the Beckhams, Obamas, Bill Gates - they're going to far surpass them, they're such a major brand already.

They're in a really fortunate position as they won't have to negotiate distribution deals and start from scratch because they'll have people queueing up.

“From a retail respective, it's a dream to be so well-known."