Ahead of its anticipated official launch later this year, Meghan Markle’s new lifestyle brand American Riviera Orchard has been dealt a major blow. In a 46-page document filed Saturday, per The Telegraph, the US Patent and Trademark Office (USPTO) rejected the Duchess of Sussex’s trademark application for the brand because businesses cannot trademark geographical locations.
Soft launched back in March, American Riviera Orchard is a nod to Santa Barbara, California, where Meghan now resides with husband Prince Harry and their two children, Prince Archie, 5, and Princess Lilibet, 3. Santa Barbara is commonly referred to as the American Riviera. However, USPTO noted that geographic locations cannot be trademarked. And while “Orchard” is included in the brand name, the USPTO said the addition of the word Orchard “does not diminish the primarily geographical descriptiveness of the applied for mark.”
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It added that since there is a location mentioned in the brand’s name, “a public association of the goods and services with the place is presumed.” The document also included screenshots of another Santa Barbara-based company using the term “American Riviera” to sell a candle, as well as several webpages, all of which demonstrated that American Riveries is the “common nickname” for Santa Barbara.
It said the purpose of such rulings is “to leave geographic names free for all businesses operating in the same area to inform customers where their goods or services originate.” The filing added, “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.”
It was previously reported in August that American Riviera Orchard, which does not yet have an official launch date outside of a tentative 2024 timeframe, was facing a “trademark setback,” with the Daily Mail reporting that there were “irregularities” in the brand’s filings, including “incorrect classification of yoga blankets, picnic baskets and recipe books.” In the Saturday filing, the USPTO addressed those issues when citing concerns over the brand’s product descriptions. The office warned that the descriptions of the Suit’s alums products could fit into multiple trademark categories,
Meghan has received three months to react on the USPTO’s “nonfinal officer action.” If not addressed within that period, she risks having her application dropped. She must also pay an additional $700 to move forward with the trademark filing. A source told the Express that Meghan “is still very much committed to her brand and has three months to respond. There is no way this will lead to abandonment.”
