No Trade Mark for Non-Royal Organisation

This article was included in our Winter 2009/10 edition of InsideIP.

A recent trade mark case involved conflict between two armed forces associations.  A UK application (no.  2453891) was filed on behalf of the Combined Armed Forces Federation for a mark consisting of a crown, a Union Jack and the words THE COMBINED ARMED FORCES FEDERATION UK EST 2004, as below:

The British Armed Forces Federation opposed the application on the basis amongst other things that the mark contained the Royal crown which would lead people to think that the applicant had Royal patronage or authorisation.  It should be noted that the crown was not in fact a Royal crown.  The applicant had originally used a Royal crown, but on objection by the UK IPO had replaced it with one acceptable to the Lord Chamberlain’s office (the Lord Chamberlain is a chief officer of the Royal Household).

The opposition was successful.  In coming to his decision Mr Salthouse, the Hearing Officer, said that use of a crown will not be taken as a sign of Royal patronage in part because the average consumer will be unsure precisely what the Royal crown looks like.  However, in this particular situation the mark combined:

1.  the Union Jack (or Union flag, the national flag of the UK)

2.  a crown (which has a passing resemblance to the Royal crown)

3.  the words THE COMBINED ARMED FORCES FEDERATION UK (the armed forces are an aspect of the State).

Therefore, the combination of these 3 elements, all having Royal or State connotations, would lead the average consumer to believe that the applicant has Royal patronage.

So, if a mark contains the Union Jack, a crown or other matter that could indicate a connection to the State, spare a thought for the Queen, as the UK IPO will certainly do so.

Claire Birro 05 Nov 2009

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