Trademark Rights in SUSSEX ROYAL Brand

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trademark of Sussex Royal brand

When technology startups and entrepreneurs begin to think about trademark rights protection and brand registration in the United States Patent and Trademark Office (USPTO), or in other countries including the United Kingdom and European Union, ownership and prior use issues as who owns the brand may arise. This legal conundrum facing brand owners seeking to protect their trademark rights in an international market is among many faced by The Duke and Duchess of Sussex who are seeking to register the trademark SUSSEX ROYAL across a broad category of goods and services in the European Union, Canada, and United States, by way of filings through the World Intellectual Property Organization (WIPO).

source: sussexroyal.com

SUSSEX ROYAL TRADEMARK RIGHTS

The former royals have alluded to their commercial plans through their filings and through their new official website at SussexRoyal.com.

As of February 3, 2020, a search of USPTO’s trademark database (Trademark Electronic Search System, or TESS) for “SUSSEX ROYAL” produces 6 separate records filed at different times by various parties across a wide spectrum of goods and services. Sorting out exclusive trademark rights in the mark in each category is likely to be the subject of litigation and trademark prosecution in the USPTO for years to come.

Serial NumberReg. NumberWord MarkCheck StatusLive/Dead
188759513SUSSEX ROYALTSDRLIVE
288758820SUSSEXROYALTSDRLIVE
388758006SUSSEX ROYALTSDRLIVE
488757567SUSSEX ROYALTSDRLIVE
588757002SUSSEX ROYALTSDRLIVE
688751874SUSSEX ROYALTSDRLIVE

This type of crowded field illustrates the importance of priority in trademark rights in the United States (and most other countries), and the advantages of being the first to file, using an Intent-to-Use Application under Section 1(b), other method, to protect trademarks before a product or service is in market in the United States. Of course, trademark priority is a required element of proving likelihood of confusion in federal court or the Trademark Trial and Appeal Board (TTAB).

Trademark Rights Consultation

When technology startups, entrepreneurs, and other trademark owners are considering best practices and approaches to establishing trademark rights in the United States, and in other countries, consultation with an experienced trademark law firm can help evaluate brands for likelihood of confusion analysis, priority clearance, and other legal considerations involved in US trademark rights and due diligence.

David N. Sharifi, Esq.
David N. Sharifi, Esq.

David N. Sharifi, Esq. is a Los Angeles based intellectual property attorney and technology startup consultant with focuses in entertainment law, emerging technologies, trademark protection, and “the internet of things”. David was recognized as one of the Top 30 Most Influential Attorneys in Digital Media and E-Commerce Law by the Los Angeles Business Journal.
Office: Ph: 310-751-0181; david@latml.com.

Disclaimer: The content above is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content above does not create an attorney-client relationship. All trademarks are the property of L.A. Tech & Media Law Firm or their respective owners. Copyright 2019. All rights reserved.

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