01/14/2020
Interesting story. First, I can't find any record of the guy on the CA Bar website, so I question whether or not he is actually a licensed, practicing attorney in the state of CA. Second, anyone who practices even a modicum of intellectual property law knows that you can register a brand in various classes of goods or services. If there is no reasonable relation between products or goods, 2 seemingly similar or even identical marks could be registered in 2 classes of goods or services. For example, I could register "Apple Tires" and Apple Computers would likely not be able to stop me because the average consumer is not going to confuse tires with computers or ipods. This guy filed his application in Class 38 (Telecommunications services) and described his services as "communications by computer terminals, transmission and delivery of video, audio, and data via the internet." I think he would be hard-pressed to argue that the average consumer could confuse a product sold by Harry and Meghan with his alleged "telecommunications" services, were he able to successfully register the mark. That points to another potential hurdle this individual faces - in order to fully register a trademark, it must be used in commerce. His application was filed based on an "intent to use" - which means that he is not using it yet, but intends to at some point in the future. The USPTO will not register a mark until it has been used in commerce. And finally, as the article points out, Harry and Meghan have already filed applications through the WIPO, seeking protection in their home country of the UK and other countries through the WIPO under the Madrid Protocol. Assuming their mark registers in the UK (and why wouldn't it?), their applications in those other countries will be given priority over any other applications.
Jared Fogelson, an intellectual property lawyer from Los Angeles, filed a trademark application in the US for 'Sussex Royal' on January 8 after finding the name was still available.