Failure to fully secure a trademark for your business can end up being a royal pain. This week’s BL Business Branding Series explores Meghan Markle’s new lifestyle brand rollout and the various trademark issues the Duchess of Sussex has navigated in her efforts to launch her new business.
When Meghan Markle initially teased her new brand in early 2024, it was named American Riviera Orchard, a nod to her home in Santa Barbara, nicknamed “The American Riviera.” However, the USPTO refused the initial application for her brand name in late 2024 because the name was too geographically descriptive, and therefore unable to be trademarked. Soon after, competing lifestyle brand Harry & David filed a protest against Markle’s application, citing potential confusion with their “Royal Riviera” line of products. At that point, Markle had already begun promoting her brand under the American Riviera Orchard name, and sending sample products to friends and influencers to build interest in her upcoming full brand release scheduled for March 2025.
With time running out before the release of her lifestyle brand and corresponding Netflix series “With Love, Meghan,” Markle had little time to pivot and try and secure a new mark. In mid-February 2025, just weeks before the March 4th launch date, Markle unveiled a new name for her brand – As Ever. Despite the announcement, the application is still pending at the USPTO, which means the new name has also not been fully secured, likely due to the short notice Markle had to select a new name for her brand after American Riviera Orchard fell through. With the brand’s launch just a few days away, the possibility of As Ever facing additional
What Can Business Learn From This?
This should be taken as a cautionary tale of putting the brand before the mark. Here Markle attempted to create a brand identity before actually securing the rights to the brand’s desired mark. Furthermore, conducting a due diligence search before announcing her brand would have revealed that the USPTO had rejected a trademark for AMERICAN RIVIERA ART for the same geographical reason a mere six months earlier. Thanks to the challenges Markle has faced, the buzz around her release is focused on the branding woes, more than the offerings of her lifestyle brand.
Securing a mark before launching your new business is vital to ensuring the rollout of the new brand goes smoothly and is not sullied by any trademark issues. When companies proactively file a mark and receive early feedback from the USPTO, they can adapt before release and better control the narrative surrounding their brand.
Looking to protect your company’s brand, or unsure of your next steps? Reach out to our BL Trademark Team by contacting Seth Berenzweig at sberenzweig@berenzweiglaw.com today.