And the situation has created a tough decision for the Duchess of Sussex:
Should she fight the ruling or simply choose a new name for her latest passion project?
Meghan Markle’s Trademark Troubles
US Patent and Trademark Office reportedly denied Meghan’s application on the grounds that “a public association of the goods and services with the place is presumed.”
Yes, the issue stems from the fact that the American Riviera is a common nickname for Santa Barbara, where Meghan currently resides with Prince Harry and their two kids.
Meghan Markle addresses the audience during the “Afro women and power” forum, at the Municipal Theatre in Cali, Colombia, on August 18, 2024. (Photo by RAUL ARBOLEDA/AFP via Getty Images)According to the USPTO, the addition of “Orchard” to the name “does not diminish the primarily geographical descriptiveness of the applied for mark.”
The organization also warned that Meghan’s product descriptions could fit into multiple trademark categories.
Team Meghan Claps Back
According to The New York Post, reps for Meghan dismissed the setbacks as “routine and expected” and revealed that they plan to appeal the decision.
But the fact of the matter is that instead of competing with Martha Stewart, Meghan now has to stress over changing her company’s name.
Meghan, Duchess of Sussex, during a forum about digital responsibility at EAN University during a visit around Colombia on August 15, 2024 in Bogota, Colombia. (Photo by Diego Cuevas/Getty Images)Meghan’s application reportedly cited another Santa Barbara-based company that used the term “American Riviera” to sell a candle, proving that the nickname is widely associated with the area.
But the USPTO declared that the purpose of their ruling is “to leave geographic names free for all businesses operating in the same area to inform customers where their goods or services originate.”
“Furthermore, the purchasing public would be likely to believe that the goods and services originate in the geographic place identified in the mark because the attached evidence shows that applicant’s founder, ie, Meghan Markle, resides in the geographic place identified in the mark,” the ruling reads.
Meghan, Duchess of Sussex speaks onstage during the Breaking Barriers, Shaping Narratives: How Women Lead On and Off the Screen panel during the 2024 SXSW Conference and Festival at Austin Convention Center on March 08, 2024 in Austin, Texas. (Photo by Astrida Valigorsky/Getty Images)What’s at Stake For Meghan?
This is no small matter, as the Post points out that Meghan expects to see seven-figure earnings in her company’s first year.
But those projections didn’t factor in the possibility of a delayed lodge due to a trademark setback.
Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex speak on stage at the “Friends @ Home Event” at the Station Airport during day three of the Invictus Games Dusseldorf 2023 on September 12, 2023 in Dusseldorf, Germany. (Photo by Chris Jackson/Getty Images for the Invictus Games Foundation)If worst comes to worst, Meghan can always launch the brand under a new name.
But the current moniker seems to mean a lot to the duchess. And the roll-out process has already begun.
Meghan has been sending artisanal items to her celebrity friends. And if circumstances force her to change her company’s name, then those efforts might have been for naught.
Fortunately, few people in the world enjoy greater name recognition than Meghan.
So if she has to start over and drum up some more free publicity, it shouldn’t be too much of a challenge.
