I Watched the Coronation and I Could Not Help But Wonder About Royal Trademarks

Millions of people watched the Coronation of King Charles III this weekend. Although downplayed on television, one cannot help but think of countless tchotchkes and other merchandise made and sold in connection with the monumental event.

Several news outlets reported on this topic. See, e.g., https://www.fastcompany.com/90891303/king-charles-coronation-souvenirs-300-million. And the British Promotional Merchandise Association (BPMA) provides Coronation Guidelines, https://www.bpma.co.uk/BPMA/News/Member-News-2023/King-Charles-III--Coronation-Guidelines-.aspx, for use of the logo for merchandise.

Often, brand owners use trademark licenses to expand the reach of their marks and to control that expansion. Under U.S. law the guidelines set out above would not likely constitute a valid trademark license. If for no other reason, the guidelines do not provide for quality control. Quality control can take many forms. In short, a licensor (i.e., brand owner) must make sure that the licensee’s products and/or services meet a certain standard or else the value of the licensor’s trademark may be harmed.

Although the guidelines do not provide for quality control, the guidelines--by their very nature--restrict use of the relevant marks. For example, the guidelines require that "[e]xpressions used alongside a customer logo when featured on the same item as the Coronation emblem must remain in good taste, not imply there is any kind of Royal approval or warrant, apply the ‘good taste’ guidance and the expressions provided."

There are several reasons the Royal Family may have elected not to expressly license the Coronation marks to one or more merchants. Given the magnitude of the event and relatively short time frame for planning (i.e., less than eight months), it may not have been practical. Additionally, the Coronation is essentially a one-time event. Hopefully, another coronation will not be necessary for many years to come. With that in mind, the Coronation Marks are likely shortlived, and strict trademark development and enforcement might not be necessary.

If you are interested in expanding your brand by allowing others to use your trademarks--or you wish to use someone else's trademarks--be sure to consider quality control, royalties, and other licensing issues.