Royal Wedding Brings Relaxation of Rules

This article was included in our Spring/Summer 2011 edition of Inside IP magazine.

In the run up to the Royal Wedding of Prince William to Catherine Middleton on 29 April 2011, the souvenir trade went into overdrive with shops awash with Royal Wedding memorabilia, here and overseas, particularly in the US and Commonwealth countries.  Some have estimated that memorabilia sales in the UK will be in excess of £200 million.  Commemorative goods and services range from the traditional lines of china goods to hotels offering free honeymoon packages for couples called William and Kate during the Royal Wedding weekend.

Usually, use of Royal Arms, Royal devices, emblems and titles (or those which are so similar that they are deceptive) to suggest that a person is employed or supplies goods to a member of the Royal Family is prohibited.  This prohibition is broad in that it applies to any trade or business not just a specific set of goods or services.  Of course, if the permission of a member of the Royal Family has been obtained then the use is allowed.  The Lord Chamberlain’s Office, which issues guidelines surrounding the use of these Royal insignia, has temporarily relaxed the rules governing commercial use of Royal photographs and insignia to allow their use on souvenirs commemorating the engagement and marriage of Prince William and Catherine Middleton.  However, these souvenirs cannot be manufactured after 1 October 2011.  “Souvenirs” have been defined in the guidelines as articles of a permanent kind specifically designed to commemorate the marriage of Prince William and Miss Catherine Middleton and identified with the occasion by the incorporation of a phrase such as:

“To commemorate the engagement of Prince William of Wales and Miss Catherine Middleton, 16 November 2010”.

“To commemorate the marriage of Prince William of Wales and Miss Catherine Middleton, 29 April 2011”.

The souvenirs must be in good taste, free from any form of advertisement and carry no implication of Royal custom or approval.  The guidelines also allow for the use of approved photographs of Prince William and Catherine Middleton and the full coat of arms of HRH Prince William of Wales.

Certain items have been specifically excluded whilst others have been given special souvenir status.  With the exception of carpets, cushions, wall hangings and headscarves, Royal devices may not be used on textiles.  This means that Royal devices cannot be used on T-shirts or tea towels.  Generally, use of Prince William’s Coat of Arms is specifically forbidden on containers and packaging; however, there is a special exception for containers or receptacles of merchandise which, on this occasion, qualify as souvenirs.  Again, as a special exception for this occasion, commemorative coins and medallions are considered to be souvenirs.

With all the memorabilia on the market, some (e.g. garden gnomes) less tasteful than others, inevitably some will complain that commercialisation of the Royal Wedding has gone too far.  However, most will welcome the relaxation of the rules enabling everyone to buy a little bit of history and join in the celebration of a very British event.

24 May 2011

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