is a Trainee Trade Mark Attorney with Bird & Bird‘s London IP team
Souvenir manufacturers need to ensure that consumers are not misled into believing that the Royal Family has commissioned or otherwise endorsed their souvenirs. A breach of the rules, contained within section 99 of the Trade Marks Act 1994, can result in a fine of up to £500, as well as the products being removed from sale. Section 12 of the Trade Descriptions Act 1968 goes further, prohibiting sellers from giving any false indication that they have Royal approval, with a fine of up to £400 and a potential prison sentence. Although these UK rules do not apply in the United States (or elsewhere), there are international laws that might affect the use of some of these Royal emblems outside the UK.