Trademark Troubles for the Duchess
Meghan Markle has expressly abandoned her trademark application for “American Riviera Orchard” and is moving forward with “As Ever” as the name for her lifestyle brand. This shift highlights the critical importance of comprehensive trademark searches before filing with the United States Patent and Trademark Office (USPTO).
The Duchess of Sussex initially announced American Riviera Orchard with considerable fanfare, positioning it as a premium lifestyle brand reflecting her California aesthetic. However, on October 22, 2024 a letter of protest was filed with the USPTO stating that there is likelihood confustion with the mark “Royal Riviera,” forcing a strategic pivot to avoid lengthy legal battles and possible rejection.
A preliminary trademark search may have identified conflicts, which can create costly setbacks for the brand’s launch timeline and marketing strategy.
The Critical Role of Trademark Searches
This high-profile trademark application illustrates why thorough trademark searches are essential before investing in brand development. A comprehensive trademark search typically includes:
- Direct matches in the USPTO database
- Phonetically similar names
- Similar goods and services categories
- Common law uses not formally registered
- Domain name availability
- Social media handle availability
“Many entrepreneurs underestimate the complexity and depth of trademark clearance searches,” says intellectual property attorney Burt Skiba. “The USPTO examines not only identical matches but phonetically similar names for likelihood of confusion among consumers.”
The Consequences of Inadequate Search
Filing without adequate research can lead to:
- Application rejection after months of waiting
- Opposition proceedings from existing trademark holders
- Wasted marketing expenditures
- Forced rebranding costs
- Potential infringement liability
For high-profile launches like Markle’s, these risks are amplified by public scrutiny and the substantial investments typically made before going to market.
Moving Forward with “As Ever”
The new brand name “As Ever” appears to have cleared the necessary hurdles and will likely form the foundation of Markle’s lifestyle empire going forward. The phrase, which evokes a personal signature on correspondence, aligns with Markle’s authentic, personal brand messaging.
Lessons for Entrepreneurs
This rebranding serves as a valuable lesson for entrepreneurs at all levels:
- Conduct thorough trademark searches early in the development process
- Consider working with specialized intellectual property attorneys
- Budget for potential pivots if trademark issues arise
- Secure trademarks before significant public announcements
- Consider international trademark protection for global brands
While even celebrities with extensive resources can encounter trademark hurdles, proper planning can help minimize these risks for businesses of all sizes.
As Meghan Markle’s experience demonstrates, the investment in proper trademark clearance is minimal compared to the potential costs of rebranding after public launch.
American Riviera Orchard Classifications
008-Gardening trowels; Garden weeding forks; Gardening shears; Bags specially adapted for holding gardening hand tools; Garden tool gift set, comprised of hand tools for gardening
016-Stationery; Stationery sets; Letter openers; Blank note cards; Envelopes; Printed note cards; Printed holiday cards; Printed greeting cards; Printed place cards; Printed announcement cards; Printed invitations; Printed recipe cards; Embossers for paper stationery; Seals; Impression stamps; Blank journals; Blank paper notebooks; Personalized writing journals; Printed guest books; Stationery-type portfolios; Paper tape; Printed day planners; Printed calendars; Printed desk top planners; Printed diaries; Personal organizers; Printed address books; Paper party decorations; Party ornaments of paper; Printed decorative paper; Gift bags; Wrapping paper; Gift wrapping ribbons of paper; Gift boxes; Paper gift tags; Gift wrap of fabric or textile; Cocktail napkins; Calligraphy pens; Writing instruments; Desktop organizers; Letter trays; Event albums; Photo albums
018-String bags for shopping; Tote bags; Leashes for pets; Collars for pets
021-Candle holders; Non-electric aromatic oil diffusers, other than reed diffusers; Tea light essential oil diffusers; Electric aromatherapy oil diffusers; Incense burners; Plates for diffusing aromatic oil; Decorative crystal prisms; Exfoliating brushes; Basins in the nature of bowls; Cosmetic brushes; Bowls; Dishes; Beverage glassware; Teapots; Drinking cups and saucers; Carafes; Serving dishes; Pitchers; Jars for jams and jellies of crystal; Glass jars sold empty; Jars for jams and jellies of glass; Spoons for serving jams and fruit preserves; Crockery, namely, dishes, pots, bowls, drinking cups and saucers, serving dishes; Honey dippers; Honey pot and dipper sets; Honey stirrers; Trays for household purposes; Napkin holders; Picnic baskets sold empty; Coasters, not of paper or textile; Kitchen utensil crocks; Glass jars; Containers for household use; Bakeware; Pots; Roasting dishes; Pans; Non-electric coffee makers; Non-electric tea kettles; Cooking utensils, namely, strainers, spoons, forks, spatulas, tongs, spreaders, whisks; Rolling pins; Cooling racks for baked goods; Cutting boards; Trivets; Cookie cutters; Vases; Soap dispensers; Soap dishes; Dish cloths; Baskets for gardening; Baskets for household purposes; Decorative ceramic tiles not for use as building materials; Planters for flowers and plants; Gardening gloves; Flower pots; Bird baths being bowls for birds to bathe in; Bird feeders; Pet bowls; Household storage containers for pet food; Tea sets
024-Household linen; Interior decoration fabrics; Curtains; Throws; Bed blankets; Bed sheets; Pillow cases; Bed spreads; Bed skirts; Bath linen; Beach towels; Beach blankets; Picnic blankets; Felt and non-woven textile fabrics; Coasters of textile; Table linen of fabric; Gift wrap of textile; Woven fabrics; Kitchen towels; Knitted fabrics; Textile wall hangings
025-Aprons; scarves
027-Yoga mats; Pet feeding mats
028-Meditation blankets; Yoga bolsters; Yoga straps; Yoga blankets; Meditation cushions
030-Coffee; Tea; Seasonings; Gravies; Spices; Salsas; Herbal infusions; Tisanes; Honey; Chili pepper pastes being condiments; Chutneys; Chili oils being condiments; Cocoa-based condiments and seasonings for food and drink; Vinaigrettes; Ketchup; Mustards; Salad dressing; Relish; Vinegar; Mayonnaise; Cookies; Biscuits; Crackers
031-Pet food; Edible pet treats; Bird seed
034-Match boxes; Match holders
035-Retail store services and online retail store services featuring custom and printed stationery, holiday cards, greeting cards, announcements, invitations, event stationery, and custom notes and cards; Retail store services and online retail store services featuring goods for pets
