Future of name in doubt after Queen bans pair from using HRH titles

This article is more than 7 months old

This article is more than 7 months old

The Duke and Duchess of Sussex face an expensive and complicated battle if forced to change their Sussex Royal brand, experts have said.

The future of the brand name is in doubt after the Queen banned Harry and Meghan from using their HRH styles and announced they would no longer act as official representatives of the royal family.

The couple sacrificed their royal status in return for “complete and absolute” freedom from any financial constraints by Buckingham Palace over future commercial deals, sources said.

The hardline move by Buckingham Palace is an unwelcome blow to the pair, who had hoped to run business ventures alongside performing some royal duties.

In a passionate speech on Sunday, Harry said the couple felt they had “no other option” but to step away. The BBC reported on Tuesday night that he had flown out to Canada, where he, Meghan and their baby son Archie will spend the majority of their time as they begin a one-year transition period.

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The Sussex Royal name, featuring a monogram of H and M entwined and topped off with a crown, is at the centre of the couple’s social media presence, including their new website and Instagram account, and future charitable foundation.

Whether they can continue to use it is one of the many issues to be worked through, with a final decision yet to be made.

Critics claim the title is not sustainable given the clear message from the Queen that the couple will not be trading on their royal credentials.

One leading PR said the pair should fight tooth and nail to keep it. “They have to fight for it. What else are they going to be? Harry and Meghan Windsor?” said Mark Borkowski.

Changing it would be “expensive and incredibly complicated”, he said. “There will be a lot of entrepreneurs out there who have been looking at variations of that name and who have been creating land grabs for it.”

While keeping the name might attract criticism, not keeping it would not avoid future intense scrutiny of the couple. “Nothing is going to stop the level of scrutiny, whatever they do” Borkowski said.

One possible solution would be to use Sussex Royal for charitable endeavours only, said David Haigh, the chief executive of Brand Finance, a brand valuation consultancy.

“Personally, I think they would be well advised to do that. They could have different trademarks for their commercial activities and that would make it clear to everyone they are not trying to trade on their royal heritage, at least not so obviously.”

There remains confusion over the exact titles Harry and Meghan will be given after they step down from royal duties.

Following the Queen’s announcement of the deal struck with the couple, sources indicated the official titles would change to Harry, Duke of Sussex, and Meghan, Duchess of Sussex.

Royal commentators have expressed surprise, as placing the forename before the title has usually been reserved for divorced or widowed titled women. The ex-wife of the Duke of York , for example, became Sarah, Duchess of York following divorce. This is to distinguish them from the current holders of the same title.

The couple have made applications to register Sussex Royal as a global trademark for a range of items and activities, including clothing, stationery and the running of “emotional support groups”, international filings suggest.

Applications to trademark Sussex Royal for various goods and activities were lodged with UK intellectual property authorities last June by the couple’s advisers, and ownership switched to the pair in December.

Haigh said using “royal” in a trademark was difficult as it was a reserved word, closely guarded, and anyone trademarking it may need official permission.

He said the couple had registered it in six out of 45 classes and in categories linked to charitable endeavours. If it was to change, it was better to happen at this early stage.

“It’s only problematic when it is well established and everyone is fully aware of what it is,” Haigh said. “At the moment everyone knows them, but I don’t think Sussex Royal is that well-known a brand. Personally, I don’t even think it’s a very good brand. I think they should get a different one.

“I would think more people would probably think it is more logical to have a trademark saying Harry and Meghan . The real thing is having their pulling power behind it.”

He said they faced the “mother-of-all punch-ups” protecting it in a global markets, with others snapping up domain names to cash in. “The fact is, it’s a minefield. They are going to have real problems.”

Borkowski said: “If they haven’t thought this through, which they might not have, they have got some massive challenges ahead of them.”