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Intellectual Property Law

: IPKat

Not the 2012 Olympics: Willie and Kate to wed

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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Darker days for the Royals:
Queen Elizabeth was so poor when
she married the Duke that they could
only afford a wedding in black
and white
The engagement announced today, of Prince William (second in line to the British throne) to Kate Middleton, is a brilliant boost for the British economy.  There will be loads of merchandising, says the IPKat, as This Sceptred Isle sinks beneath a mass of Royal Wedding mugs, tea-towels, ashtrays and keyring-fobs and a thousand opportunistic applicants take aim at the trade mark registries in Newport and Alicante in the hope of getting their own slice of the action.

Section 4(1) of the UK's Trade Marks Act 1994 states
"4. - (1) A trade mark which consists of or contains -
(a) the Royal arms, or any of the principal armorial bearings of the Royal arms, or any insignia or device so nearly resembling the Royal arms or any such armorial bearing as to be likely to be mistaken for them, or it,
(b) a representation of the Royal crown or any of the Royal flags,
(c) a representation of Her Majesty or any member of the Royal family, or any colourable imitation thereof, or
(d) words, letters or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorisation,
shall not be registered unless it appears to the registrar that consent has been given by or on behalf of Her Majesty or, as the case may be, the relevant member of the Royal family".
Nonetheless, promising UK and Community trade marks already include SWEET WILLIAM here and here, JUST WILLIAM here and WILLIAM FIVE (here, there having been four numbered Williams in the list of British monarchs). On Kate's side we have MIDDLETON PINK (here: the blushing bride?) and MIDDLETON CASH AND CARRY (here, for those who consider her a gold-digger).

Best of all, says Merpel, we have NO anti-ambush marketing rules.  In other words, unlike the Olympic Games, which are so ringfenced that no-one even wants to go there any more, and you won't be able to say "Olympics" till January 2013, we can all help ourselves to a slice of the Royal Wedding ...

Full post as published by IPKat on November 16, 2010 (boomark / email).

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