When Meghan Markle filed to trademark the name of her American Rivieria Orchard lifestyle brand, she probably thought the process would go off without a hitch.
But an unexpected glitch causes Meghan’s new company to suffer its first major setback.
According to a new report WireMeghan’s trademark application has been rejected.
And the situation has left the Duchess of Sussex with a difficult decision:
Should he fight the decision or choose a new name for his latest passion project?
Meghan Markle’s trademark problems
The US Patent and Trademark Office reportedly rejected Meghan’s application on the grounds that “the public is presumed to have a personal connection of goods and services with that place.”
Yes, the issue stems from the fact that American Riviera is a common nickname for Santa Barbara, where Meghan currently lives with Prince Harry and their two children.
According to the USPTO, adding “Orchard” to the name “does not impair the primary geographic descriptiveness of the applied mark.”
The organization also warned that Meghan’s product descriptions could fit into multiple trademark categories.
Team Meghan responded by clapping
according to New York PostMeghan’s representatives dismissed the setbacks as “routine and expected” and revealed they plan to appeal the decision.
But the truth is that instead of competing with Martha Stewart, Meghan will now have to insist on changing the name of her company.
Meghan’s application reportedly cited another Santa Barbara-based company that used the term “American Riviera” to sell candles, proving the nickname is widely associated with the region.
But the USPTO declared that the purpose of their decision was “to keep geographic names free for all businesses operating in the same area, so they can tell customers where their goods or services come from.”
“Furthermore, the purchasing public is likely to believe that the goods and services originate in the geographical location identified in the mark, as the annexed evidence shows that the applicant’s founder, i.e., Meghan Markle, resides in the geographical location identified in the mark,” the ruling said.
What’s at stake for Meghan?
This is no small matter, because Post Explains that Meghan hopes to generate seven-figure revenue in her company’s first year.
But those estimates did not take into account the possibility of delayed lodgings due to trademark hurdles.
If things get worse, Meghan can always launch the brand under a new name.
But the current name holds a lot of meaning for the Duchess. And the roll-out process has already begun.
Meghan has been sending handcrafted items to her celebrity friends. And if circumstances force her to change the name of her company, these efforts may be in vain.
Luckily, there are very few people in the world who have more name recognition than Meghan.
So if he has to start afresh and get some free publicity, it won’t be much of a challenge for him.