Meghan Markle is getting ready to launch her new lifestyle brand, but she’s hit a major roadblock.
Media reports have suggested that the U.S. Patent and Trademark Office has denied her application for a trademark for the company’s name, American Riviera Orchard.
It’s not a novel situation for Markle, who had trouble trademarking her podcast brand, which is called Archewell.
It’s expected that she will ultimately appeal the decision that the USPTO made regarding her request for a trademark for the lifestyle brand.
The Daily Mail reported recently that the patent office issued an objection to the application because businesses in the U.S. can’t trademark any geographic locations. That includes the name that is given to the Pacific coastline that’s near Markle’s home in California, “the American Riviera.”
Other reasons that were given for the denial of the request include that she didn’t sign the correct documents and that she was ambiguous when she was describing the company’s products, which the USPTO said could fit into different categories for trademark purposes.
Examples given were the brand proposing is “cocktail napkins” that could be either textile or paper — which fall under two different trademark categories. Another was for “cooking utensils” that could be either electric or manual.
The Daily Mail also reported that another business in Santa Barbara that sells candle products already uses the “American Riviera” term for a candle that it has for sale for almost $35.
In its filing, the USPTO said:
“Registration is refused because the applied-for mark is primarily geographically descriptive. Commonly used nicknames for geographic locations are generally treated as equivalent to the proper geographic name of the place identified.
American Riviera is a common nickname for Santa Barbara, California.”
Markle’s attorneys can still appeal that decision. Sources told the Daily Mail that it’s “routine and expected when filing for trademarks” that people will negotiate and discuss situations with the USPTO.
This isn’t the first issue that the Duchess of Sussex has faced with her new lifestyle brand, though. During its filing, it was revealed that Markle didn’t pay the more than $11,000 in necessary international registration fees.
There were also other “irregularities” that had to be “corrected” apparently.
Markle’s brand is seeking trademarks for products that include some pantry goods — such as spreads, marmalades, jams and jellies — as well as kitchen linens, decanters, drinkware and tableware.
The Times media outlet, based in London, said that experts have raised other concerns about Markle’s brand. It debuted on Instagram more than five months ago, but hasn’t put a single product up for sale yet.
Matt Yanofsky, who’s an expert in brand marketing and PR, told The Times:
“I would have major concerns if I was an investor. If I’m an investor, I’m saying to her, ‘You need to find a CEO with a direct business plan that’s going to show profitability, or at least a revenue plan within the next 60 to 90 days. Otherwise, I’m taking my money out.”
