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Traditional logos, shields, crests and coats of arms tend to look impressive, but can you register them as a trade mark? Many businesses, charities and organisations tend to use heraldic style imagery without realising that these symbols are legally protected. So, what happens if your branding looks like a coat of arms, and can you still register it?
This guide explains the rules in plain English, so you know exactly what is allowed.
What exactly is a coat of arms?
A coat of arms is a legally recognised emblem granted by official authorities. In England, Wales and Northern Ireland, arms are granted by the College of Arms. In Scotland, they are governed by the Lord Lyon King of Arms, whose powers are significantly stronger.
The UKIPO Manual explains that “arms and Insignia are dealt with under rule of the Trade Marks Rules 2008 and Section 4 of the Trade Marks Act 1994. This means that heraldic devices are protected under trade mark law and using them without any form of permission can cause serious issues.
Can coats of arms be registered as trade marks?
They can be, but only if you have the legal right to use them.
For example, the UKIPO notes that “companies and other commercial organisations which have been granted arms and wish to use them during trade are free to register the whole or any part of the full achievement as a trade mark.
So, if your organisation has officially been granted arms, you can register them in the UK, EU and internationally. However, if you haven’t been granted arms, you must be extremely careful.
Why you must be careful- especially in Scotland
Scotland has one of the strictest heraldic regimes in the world. Using arms without permission is not just discouraged; it can be a criminal offence.
The UKIPO Manual States: the use of armorial insignia in Scotland by a person whose right is not recorded constitutes a statutory offence and may lead to prosecution.
This means that if your logo resembles a coat of arms, you use it in Scotland, and you do not have the right to bear those arms, you could face legal action.
For businesses trading across the UK, EU and beyond, including clients is a crucial point: a logo which seems harmless in England could be unlawful in Scotland.
Does the IPO check coats of arms during examination?
The IPO no longer checks whether a logo contains protected arms during examination. Before 2009, the IPO routinely contracted the College of Arms and the Lord Lyon to confirm whether a mark included protected insignia. This process has not stopped.
This change is because heraldic rights are treated as earlier rights, like an existing trade mark. Earlier rights are normally enforced by the right holders themselves, not by the IPO. As a result, the IPO decided that it would no longer carry out these checks. Instead, anyone who owns heraldic rights must oppose an application if they believe it conflicts with their arms.
This means that even if the IPO accepts your application, it does not guarantee your logo is legally safe. The responsibility now lies with the rights holders, not the IPO.
What happens if your logo looks like arms
If your logo resembles a coat of arms, the IPO may include a warning in your examination report. This isn’t an objection but a sign that your design may cause issues later.
Right holders can still oppose your application if they believe your logo conflicts with their arms. You may also face legal consequences if your branding is used in Scotland without the proper rights. The IPO’s warning is essentially advising you to check your design before proceeding.
Practical guidance: what should businesses do?
- Review your logo carefully.
Look for elements such as shields, crests, helmets, lions, eagles, unicorns, Latin mottos or divided shield sections. If your logo looks traditional or official, it may resemble a coat of arms.
- Contact the relevant authority if unsure.
If your design may be heraldic, seek guidance from the College of Arms in England, Wales and Northern Ireland and The Lord Lyon King of Arms in Scotland. They can confirm whether your design conflicts with existing arms.
- Avoid copying historical or royal imagery.
Royal arms, national symbols and official insignia have special protection. Using them without permission can lead to automatic refusal or legal consequences.
- Consider a small redesign.
If your logo is too close to a protected coat of arms, a modernised version may avoid legal issues and be easier to register internationally.
Finally, seek professional trade mark advice. Heraldic rules are complex, so getting advice early can prevent expensive problems later.
Conclusion
Heraldic logos can look professional and traditional, but they come with strict legal rules. If your branding resembles a coat of arms, you must make sure you have the right to use it, especially if you trade in Scotland. Checking your design early can save you time, money, and legal trouble later. So before filing your trade mark, make sure your logo is safe, distinctive and legally clear.
By Shantal Remzi, a law student at Solent Southampton University
