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Trade mark makes sense for Harry and Meghan podcast

One of the UK’s leading trade mark specialists says Prince Harry and Meghan Markle’s bid to trade mark the word ‘archetypes’ after deciding to use it as the title for a new Spotify podcast makes ‘very good commercial sense’.

Kate Cheney, the director of trade marks in our intellectual property team, who helps identify, protect, and exploit intellectual property, says a registered trade mark is an asset that should be protected against potential misuse by others.

“The application for a registration makes very good commercial sense and should be standard practice,” said Kate. “It gives you the right to take legal action if someone uses your brand without permission and to take legal action if necessary.

“The submission to trade mark the word ‘archetypes’ has been lodged at the US Patent and Trademark Office by Archewell Audio, a company set up by the Duchess and Prince Harry; if the patent is approved, the couple will own the trade mark rather than Spotify.

“A trademark identifies the source of goods or services; provides legal protection for the brand and helps guard against counterfeiting and fraud.”

It is claimed the Sussexes have applied to trade mark ‘archetypes’ as Meghan Markle hopes to set up several entertainment services under the trademarked word.

“A trade mark doesn’t mean the Duchess will legally own the word Archetype or prevent others from using it, but is rather about how the word is used in relation to specific goods or services,” added Kate, who is a member of the Chartered Institute of Trade Mark Attorneys.

Archewell Audio LLC filed the application for a trade mark registration on 26 March 2022; it contains a list of specifications including “downloadable audio recordings and podcasts, all in the fields of cultural treatment of women and stereotypes facing women”.

The podcast series will see the Duchess investigating “labels that try to hold women back”.

Kate advises on the inherent registrability of trade marks, trade mark clearance searching, filing and prosecution of UK, EU and Madrid Protocol trade mark applications and oppositions, enforcement of trade marks and trade mark filing strategies.

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