In the realm of intellectual property, understanding the nuances of trademarks, copyrights, and patents can be a complex task. A recent case involving Meghan Markle and Prince Harry, in their efforts to protect their brand Archewell’s podcast “Archetypes”, provides an insightful example of these processes in action.
The Trademark Application Stumble
Meghan Markle and Prince Harry sought to protect the future of their brand Archewell’s podcast “Archetypes” by applying for a trademark. However, their application stumbled due to the existence of a similarly named company, Archetypes LLC, based in Arizona. This company had already applied for exclusive use in 2015 for books and articles about nutrition, fitness, sexuality, and psychological self-improvement.
Understanding Trademarks, Copyrights, and Patents
Trademarks, copyrights, and patents each serve to protect different types of intellectual property. Trademarks protect business names, phrases, or designs that identify and distinguish the source of goods of one party from those of others. Copyrights protect original works of authorship, such as novels, music, and software code. Patents protect inventions, such as new processes, machines, or chemical compositions.
The Likelihood of Confusion
The reason for the rejection of Meghan and Harry’s application was the likelihood of confusion between the two names and the overlap of what they’re doing. The United States Patent and Trademark Office (USPTO) assesses the likelihood of confusion between trademarks to prevent consumers from being misled about the source of goods or services.
The Way Forward
Following the rejection, Meghan and Harry’s lawyers have reportedly asked for three months to prepare another application. They might attempt to enter a coexistence agreement with the existing company or narrowly define what they want to do so as not to infringe on the existing company’s rights.
Conclusion
The case of Meghan Markle and Prince Harry provides a fascinating insight into the complexities of trademark applications. It underscores the importance of thorough research and strategic planning in protecting a brand’s intellectual property rights.
For more detailed information on the case, please refer to the original video by BlackBeltBarrister below: