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Harry and Meghan Markle fail to trademark Archewell Foundation AGAIN, here's why plea was trashed

The documents submitted by Harry and Meghan to have the fundraising outfit protected by company law lacked clarity
UPDATED JUL 6, 2021
Prince Harry and Meghan Markle's attempt to trademark Archewell Foundation and Archewell Audio has been rejected (Photo by Paul Edwards - WPA Pool/Getty Images)
Prince Harry and Meghan Markle's attempt to trademark Archewell Foundation and Archewell Audio has been rejected (Photo by Paul Edwards - WPA Pool/Getty Images)

Prince Harry and Meghan Markle's attempt to have their fundraising company, Archewell Foundation, and podcast firm, Archewell Audio, protected by the law in America has been halted. This is the second time they had their documents rejected by the US Patent and Trademark Office. In 2020, the Duke and Duchess of Sussex filed paperwork to trademark their non-profit foundation. It was one of the first things they took on after withdrawing from royal duties.

The office turned down Archie's parents' requests the first time because of pending paperwork. The couple had failed to sign the application and the office wasn't able to verify the same, according to a report. The launch was expected in 2021, however, the latest development has once again left the plan in limbo. The office needs further clarification in order to approve the company being protected by law.

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According to a Daily Mail report, the Sussexes in their application for Archewell Audio said that the company was for "creation, development, production, and distribution of podcasts, audio programs, music, and audiobooks." The office replied, "Applicant must clarify that these are entertainment-based services." The application further said that Archewell Audio would create "live podcast performances, live stage performances, live music performances, and live audio-book readings." The office replied:
"Applicant must clarify these are entertainment-based services." The company also asked the Sussexes to specify the nature of the "live stage performances" and their legal team to define the kind of web apps the company will provide through the Archewell Foundation. 

Harry and Meghan now have six months in total, according to the documents issued by the trademark office or else applications for both Archewell Foundation and Audio will be scrapped. After stepping back from royal duties in January 2020, Harry and Meghan had tried to set up Sussex Royal, a not-for-profit organization. However, they were banned from using the title for their brands "in any territory post-spring 2020", they announced on their website. "While The Duke and Duchess are focused on plans to establish a new non-profit organization, given the specific UK government rules surrounding the use of the word ‘Royal’, it has been therefore agreed that their non-profit organization will not utilize the name ‘Sussex Royal’ or any other iteration of ‘Royal.’

"The Duke and Duchess of Sussex do not intend to use ‘SussexRoyal’ in any territory post Spring 2020. The trademark applications that were filed as protective measures, acting on advice from and following the same model for The Royal Foundation, have been removed," read the details on the website. The website also detailed the Sussexes' plans to pursue a private life, and the decision was backed by the royal family. "The Royal Family respect and understand the wish of The Duke and Duchess of Sussex to live a more independent life as a family, by removing the supposed ‘public interest’ justification for media intrusion into their lives," it read.

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