The Scotsman

By royal re-appointmen­t only

- ALISON BRYCE

Royal Warrants of Appointmen­t are granted to suppliers of products and services to the Royal Household.

There are roughly 800 Royal Warrants but of these more than 650 businesses across the UK have recently found themselves in a position not faced by anyone since the death of King George VI in 1952.

Any organisati­on or brand that currently holds a Royal Warrant will have to reapply as the certificat­ion will become void within two years since the passing of Queen Elizabeth II and the change of sovereign.

A Royal Warrant of Appointmen­t is the document that appoints a company or individual in a trading capacity to the royal household and that entitles the holder of the warrant to use the Royal Arms in connection with their business.

But more than that, it is a symbol of quality – a sign that your product or service is fit for a King (or a Queen).

For many businesses, having a Royal Warrant reassures customers that the quality of their product remains high, and that it is a worthwhile investment. Some of the late Queen’s favourite products included Hunter boots and Pringle of Scotland.

A Royal Warrant is usually granted for up to five years. It is reviewed in the year before it is due to expire so that a decision can be made as to whether it should be renewed. Once it has been granted, businesses can add the Royal Arms to packaging, stationery and advertisin­g, as well as vehicles and buildings – at not insignific­ant cost.

Due to the death of the Queen, current Royal Warrants will become void. However, according to the Royal Warrant Holders Associatio­n (RWHA), the company or individual may continue to use royal insignia in connection with the business for up to two years.

At Dentons, we have been contacted by several organisati­ons who are unsure as to what this means for their business and are keen to understand how they can protect themselves from any potential implicatio­ns ahead of the deadline.

It is important businesses adhere to the two-year timescale. If you fail to reapply, or are unsuccessf­ul, you must update your branding accordingl­y. Continuing use could constitute an offence under several acts, including the Trade Descriptio­ns Act 1968, the Trade Marks Act 1994 and the Consumer Protection from Unfair Trading Regulation­s.

Continuing use of the Royal Warrant following the two-year period could lead to contracts being rescinded, reputation­al damage and financial risks. It is important that suppliers take all steps to reapply for their Royal Warrant status and, if not granted, to remove the Royal Warrant and its associatio­n to the business in good time.

Alison Bryce is a partner at Dentons

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