Meghan Markle has hit the headlines for attempting to trademark the word ‘archetypes’.
It has been reported that Meghan and Harry have applied to the US Patent Trademark and Trademark Office under their company Archewell Audio to trademark the word.
It follows the launch of their podcast series on Spotify, which has the same name.
If the application is granted, Markle would own the word whenever it is used “in the fields of cultural treatment women and stereotypes facing women”. It would cover goods and services, such as television shows, alongside the podcast.
So, could the former Suits star own the trademark to a word that has been used in the English language since the 1500s?
Words associated with a brand are often trademarked as it allows businesses and individuals to protect their brand, giving them the right to act if someone uses it without permission.
Although Meghan Markle’s case is based in the US, it is also relevant for highlighting the importance of trademarking your brand in the UK.
Why you should trademark a name in the UK
Trademarks offer legal protection to your brand- if left unregistered it could be snapped up by competitors, leaving you undefended. Once registered, a trademark can be sold and traded. It can also be licensed to other businesses to set up a franchise. Ultimately, a trademark stops other companies from copying your brand and services.
Top tips for trademarking your business name
Firstly, it is crucial to check whether an existing or similar trademark exists before applying to trademark a name in the UK. Use the UK Intellectual Property Office’s (UKIPO) database to search for existing or expired trademarks.
When you register a trademark, you also need to choose the class of goods and services you want to cover. There are 45 classes of goods and services in total to choose from, and you must pick the correct one as each business has to restrict the use of their trademark to the class they are registered in.
How to deal with existing trademarks
If a trademark search shows a word or phrase already exists that is the same or like the one you wish to register, there are several possible routes of action.
- If the existing trademark has not been used for five years or more or has expired, you can look to have the existing one cancelled before registering your own.
- You could write to the owner of the existing trademark by looking up their details on the UKIPO database and asking for permission to use the trademark.
- Think about your current idea – is there any way you can change it, to make it different to the existing trademarks? If yes, this will make it much easier to register.
How to register your trademark
Once you are confident no other existing trademarks are out there and you have your classes sorted, you can apply to register your trademark.
Applications can be made online to the UKIPO, and the process takes around four months to complete, provided there are no objections.
The application will be published in the Trade Marks Journal for two months, which also opens it to objections.
The trademark will be registered within two weeks at the end of the publication period if no objections are received or any objections are solved.
If you are looking for advice on intellectual property matters, contact our expert team today.