Royal Russell School instructed us to secure trade mark protection for two core elements of its brand: its school crest and the word mark “ROYAL RUSSELL”. Founded in 1853, the School has a long-established heritage and has enjoyed royal patronage from its early days, including several visits from Queen Elizabeth II. With both the crest and name used widely across uniforms, materials and communications, the School wanted to ensure its brand was properly protected in an increasingly competitive independent education sector.
The challenge
Each application presented its own legal considerations.
For the crest, its long-standing heraldic features meant we needed to consider the law of arms and the role of the historic College of Arms, an important step for any institution looking to trade mark a crest or coat of arms. A point that can often come as a surprise to clients, registering a coat of arms as a trade mark does not replace or override the rights that exist under the law of arms. In practice, this means that:
- The trade mark registration protects the use of the crest in trade, for example, on merchandise, uniforms, marketing materials, and other commercial or brand‑identifying uses, and it gives the trade mark owner exclusive rights to use the trade mark in those contexts; equally,
- Heraldic rights protect the armiger’s (the person entitled to use the coat of arms) entitlement to bear or display it according to the customs of heraldry. These rights are not removed or limited by a later trade mark registered by someone else, even if the designs are closely comparable.
The two systems operate side by side, rather than one displacing the other. A trade mark may restrict commercial use by others, but cannot invalidate a grant of arms or prevent an armiger from exercising the ceremonial or representational functions traditionally associated with their coat of arms. For clients, this distinction is important. Trade mark registration provides robust commercial protection, but it does not create a monopoly in heraldry itself.
The application for the word mark ROYAL RUSSELL faced a different hurdle. The UK IPO initially refused the mark under section 4 of the Trade Marks Act 1994, because the term “Royal” is treated as a specially protected emblem, as such it is restricted from registration without consent from the relevant organisation/institution. Using such an emblem without approval can lead to significant legal consequences, so securing the appropriate consent was essential.
What Moore Barlow did
For the crest, we guided the School through the interaction between trade mark protection and the law of arms, explaining how heraldic rights could affect their commercial position using the mark, risk of infringement from other owners of similar coats of arms, and the option of seeking further guidance from the College of Arms. The School was comfortable proceeding without additional consultation, and the application progressed to registration without difficulty.
To address the refusal of the word mark, we engaged directly with the Lord Chamberlain’s Office at Buckingham Palace as the appropriate institution to seek consent from. Working closely with the Lord Chamberlain’s solicitors, we negotiated the terms of the required consent agreement, ensuring the application met all statutory requirements for marks containing protected royal elements.
The outcome
With the necessary consent secured, the ROYAL RUSSELL word mark overcame the statutory objection and was successfully registered in October 2025. Together, these registrations provide the School with a strong platform to protect its historic identity and retain control over how its brand is used.
As Royal Russell School continues to grow, these trade marks will play an important role in safeguarding its long‑standing reputation and supporting its position within the independent schools sector.
