by Lívia Moraes
The death of Queen Elizabeth II in the first week of September, besides impacting the whole world, generated immediate reflexes on the intangible assets of some companies. Curious, isn't it?
Since the 15th century, those who regularly supply goods and services to the Royal Family have been eligible to receive the Royal Warrant, a document that not only proves the supplier's ability to meet the Royal Family's demands, but also grants the right to print the Royal Family crest on product packaging, on vehicles, on the company's physical premises, and to reproduce it in advertisements.
Until the death of Queen Elizabeth II, the Royal Warrant could only be issued by the Queen herself, by the Duke of Edinburgh (her husband) and by the Prince of Wales (heir to the throne - current king). However, according to the rules defined by the royalty, with the death of the monarch, the right of the current holders to print the coat of arms is extinguished, with a period of two years from the date of death to cease the use and display, such as, for example, through the withdrawal from circulation of products containing it. Until then, it is possible that other Royal Warrant certificates will be defined by the Crown and will be issued by the new King, Charles III.
In Brazilian law, the Royal Warrant Certificate is something that resembles the trademarks governed by our Industrial Property Law, but it is not a trademark per se. As stated in art. 124, I of the law, coats of arms, even if they are foreign, cannot be registered as trademarks. However, the frivolous use of these coats of arms is prohibited when it may mislead a consumer as to the origin or characteristics of the product, and may even be a crime according to art. 191 of this law. In the international sphere, the Convention of the Union of Paris, an 1883 treaty, protects the use of the coat of arms and other official symbols, which can only be used when authorization is granted by a competent authority, as was the case with Queen Elizabeth II.
