Introduction
When most people think of coats of arms or heraldic devices, they imagine mediaeval knights, royal pageantry, and colourful family shields. Yet these centuries-old symbols continue to have real legal significance today, particularly in the context of intellectual property law.
For businesses, the overlap between heraldry and trademarks can raise important questions. Can a company use a coat of arms as its logo? What if the design resembles an existing heraldic emblem? And how do the rules differ between England, Wales, Northern Ireland, and Scotland?
This article explores the modern legal framework surrounding armorial bearings, heraldic devices, and coats of arms. We’ll examine how these rights are granted, how UK law protects them, and how trademark registration is affected.
Heraldry Meets Trademark Law
Using Arms in Commerce
Where a business has been granted arms, it may wish to use them in branding—on stationery, packaging, or as a corporate logo. UK trademark law permits this. The full heraldic achievement (or elements of it) can be registered as a trademark, providing dual layers of protection: one under the law of arms and another under trademark law.
Examination Practice at the IPO
Historically, the UK Intellectual Property Office (IPO) would intervene during examination if a mark appeared to contain heraldic arms or insignia.
Examiners would request a search of official heraldic records:
- In England, Wales, and Northern Ireland, through the College of Arms.
- In Scotland, through the Court of the Lord Lyon.
If the search confirmed that the applied-for mark included granted arms, the IPO could raise an objection under section 4(4) of the Trade Marks Act 1994.
The 2009 Policy Shift
On 17 August 2009, the IPO changed its policy. It no longer automatically consults heraldic authorities during examination. Instead, the responsibility to enforce heraldic rights rests with rights holders themselves.
Today, objections will not be raised ex officio. Instead, holders of arms must rely on:
- Opposition proceedings (section 5(4) of the Act),
- Observations during examination (section 38(3)), or
- Invalidation proceedings (section 47(2)(b)).
This shift brought heraldic rights in line with other earlier rights (such as prior trademarks), moving the onus from the IPO to the proprietors themselves.
Heraldic Rights vs. Specially Protected Symbols
It is important to distinguish heraldic rights from the special protections afforded to:
- The Royal Family and royal emblems,
- National flags, and
- Symbols protected under international treaties.
These enjoy automatic protection under section 4 of the Trade Marks Act, based on public policy or international obligations.
By contrast, heraldic rights are essentially private rights. The IPO will not police them proactively. Enforcement is left to the arms holders themselves, just as with prior trademarkowners.
Risks for Businesses Using Heraldic Devices
Potential Offences in Scotland
Companies based in England, Wales, or Northern Ireland may not immediately appreciate the risks of using heraldic imagery in Scotland.
As noted, under Scots law it is a criminal offence to use arms without a recorded right. This means that even if a company has registered a trademark in London, it could face criminal liability if the mark contains arms and is used north of the border without proper authority.
IPO Warnings
Although the IPO no longer conducts heraldic searches, it still includes advisory warnings in examination reports. Where a mark seems to include heraldic devices, the applicant is advised to:
- Contact the Garter King of Arms (for England, Wales and Northern Ireland), or
- Contact the Lord Lyon (for Scotland).
Applicants are reminded that Scottish law in particular could affect their right to use the mark.
Practical Guidance for Businesses
If you are considering adopting a logo or trademark that features heraldic elements, keep these points in mind:
- Check for existing arms – If your design resembles a coat of arms, consult the College of Arms or the Court of the Lord Lyon before committing.
- Be aware of Scottish law – even if you operate primarily outside Scotland, your branding could still fall foul of Scots law if used there.
- Consider trademark registration – if you are entitled to arms, registering them as a trademark can add valuable protection in the commercial sphere.
- Plan for enforcement – Since the IPO no longer polices heraldic rights, you will need to be proactive about monitoring and challenging infringing uses.
- Seek legal advice – heraldry is a specialised area. Legal advice can help you navigate both the heraldic and trademark systems safely.
Conclusion
Heraldic devices may evoke tradition and prestige, but their use in modern commerce is subject to a complex legal framework.
- In England, Wales, and Northern Ireland, the College of Arms oversees grants of arms.
- In Scotland, the Lord Lyon enforces arms as property rights, with criminal sanctions for misuse.
- Under trademark law, businesses may register arms as trademarks, but since 2009 they must enforce these rights themselves.
For companies considering heraldic branding, due diligence is essential. What may seem like an attractive, traditional emblem could expose you to legal challenges—or even criminal liability in Scotland—if not handled correctly.
As with all intellectual property, understanding the rules before you adopt a mark is the best protection.
The Legal Foundations of Heraldic Rights
England, Wales and Northern Ireland
The London-based College of Arms has the authority to grant weapons in these jurisdictions. The College is headed by the Garter King of Arms, and its officers continue a tradition that stretches back to the 15th century.
Arms can be given to:
- People (who might also pass them on to their descendants),
- Companies,
- Local governments, as well as
- other government agencies.
Arms are held in perpetuity once they are granted. This indicates that a person is a member of the family. The right of a business or organisation lasts as long as that organisation or company is in existence.
Scotland.
The position in Scotland is markedly different. Here, the authority lies with the Lord Lyon King of Arms, who presides over the Court of the Lord Lyon in Edinburgh.
Under Scots law, coats of arms are not just ceremonial—they are regarded as incorporeal heritage. In other words, they are treated as a form of property right enforceable against the world.
Crucially, the law requires that all valid arms be recorded in the Public Register of All Arms and Bearings in Scotland. Using arms without such a recorded right constitutes a statutory offence. Offenders can even face prosecution by the Procurator Fiscal of Lyon Court.
This creates a much stricter regime in Scotland than in the rest of the UK.
For more information on trademarks please contact tmr@trademarkroom.com.
