When Buckingham Palace released images of His Majesty King Charles III’s Royal cypher earlier this week, some sections of the media ran stories explaining that the cypher contained the same initials as Cristiano Ronaldo’s logo.

What is a cypher?

Helpfully Buckingham Palace has explained that a royal cypher is the Sovereign’s monogram which consists of the monarch’s name, Charles, and Rex which is Latin for King. There is also a representation of the Crown.

The cypher is the King’s property and was selected from a series of designs prepared by the College of Arms.

Over time, we will see the cypher on post boxes and Government buildings in much the same way as we are accustomed to seeing ER which was Her Late Majesty Queen Elizabeth II’s cypher.

What is the College of Arms?

The College of Arms was founded in 1484 and has the responsibility for maintaining official registers of coats of arms.

What is trade mark infringement?

Without wishing to manufacture a dispute between Mr Ronaldo and the Royal household, I will explain what a trade mark infringement is in more general terms. However, as I will explain below the more interesting question might be, is it possible to register a trade mark containing the cypher or any other Royal arms?

The starting point to any trade mark infringement claim is that the proprietor of a trade mark can bring a legal claim against an infringer.

The factors that the court would take into consideration are if the infringing mark / sign looks either identical or similar to the trade mark.

In a classic trade mark infringement case, the court would look to ascertain if the infringing mark was identical or similar to the trade mark.

If the mark was identical, then the court would look to ascertain if the goods were identical or if the goods were similar and if they were similar if there was a likelihood of confusion.

In the case of a similar mark, the court would look to ascertain if the goods were identical or similar and if there was a likelihood of confusion.

Other factors the court may take into consideration include whether the registered mark has a reputation.

Can the Royal cypher be registered as a trade mark?

 The short answer is that King Charles III can register the Royal cypher as a trade mark. However, if a third party wanted to register the Royal cypher that is strictly prohibited by law.

s.4 Trade Marks Act 1994 (“TMA”) states that a trade mark which contains a representation of the Royal crown, a representation of [His] Majesty or any member of the Royal family arms shall not be registered unless consent has been given by [His] Majesty or the relevant member of the Royal family.

Furthermore, Rule 10 of the Trade Mark Rules 2008 state that registration should be refused if the mark contains arms to which a person is entitled.

Thankfully, it is unlikely that Mr Ronaldo and the Royal Household will be engaged in trade mark infringement litigation and parties considering registering a mark similar to the Royal cypher or any other Royal arms shouldn’t be surprised if their application is refused.