One of the UK’s leading trademark specialists says Prince Harry and Meghan Markle’s bid to trademark 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 trademarks at law firm Clarke Willmott LLP, who helps identify, protect, and exploit intellectual property, says a registered trademark 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 trademark 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 trademark 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 trademark ‘archetypes’ as Meghan Markle hopes to set up several entertainment services under the trademarked word.
“A trademark 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 trademark 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 Cheney advises on the inherent registrability of trademarks, trademark clearance searching, filing and prosecution of UK, EU and Madrid Protocol trade mark applications and oppositions, enforcement of trademarks and trademark filing strategies.
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton, and Taunton.
