Meghan Markle’s impending lifestyle brand American Riviera Orchard has been dealt a fresh blow after its trademark application had been refused.
The Duchess of Sussex’s application was rejected by the US Patent and Trademark Office (USPTO), who warned that businesses cannot trademark geographical locations, The Telegraph reports.
American Riviera is a sweet nod to Santa Barbara, Calif., where Markle resides with her husband Prince Harry and their two children.
The USPTO said on Saturday the addition of the word Orchard “does not diminish the primarily geographical descriptiveness of the applied for mark.”
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.”
Markle’s team considers the pushback “routine and expected” when filing for trademarks. It expects to respond in due course, The Post hears.
The government agency also warned that the “Suits” alum’s product descriptions could fit into multiple trademark categories, the outlet adds.
The document also included screenshots of another Santa Barbara-based company using the term “American Riviera” to sell a candle, proving that the nickname is widely associated with the area.
However, that evidence was deemed not enough, as the USPTO 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.”
“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 added, per the outlet.
The former actress, 43, now has three months to address the response made by the USPTO, or risks having her application dropped.
She must also pay an additional $700 to move forward with the trademark filing.
The mom of two unveiled her new business venture in March, teasing its impending launch.
But six months later, there’s still no release date or information about the products that customers can expect to be up for sale.
While products from her brand are not available for purchase yet, Markle sent out jars of strawberry jam to an exclusive group of celebs in April, prompting a “strong start” to the company’s rollout.
Since then, the mom of two has sent dog biscuits to her celeb pals and has teased a future rosé wine range.
Earlier this year, it was reported that Markle could be looking to make a whopping seven-figure sum within the first year of launching the brand.
Meghan Markle’s American Riviera Orchard brand is facing another setback as its trademark application has hit a roadblock. The US Patent and Trademark Office (USPTO) recently rejected the Duchess of Sussex’s application, citing that businesses cannot trademark geographical locations. Despite the nod to Santa Barbara, Calif., where Markle resides with Prince Harry and their children, the addition of the word Orchard did not sway the USPTO. The agency stated that including a location in the brand name automatically creates a public association with that place.Markle’s team is taking the rejection in stride, viewing it as a typical part of the trademark filing process. They plan to respond accordingly, as required by the USPTO. In addition to the geographical issue, the agency also noted that the descriptions of Markle’s products could fit into multiple trademark categories.Screenshots of another Santa Barbara company using the term “American Riviera” to sell candles were not sufficient evidence for the USPTO to approve Markle’s application. The agency reiterated that the purpose of their rulings is to ensure that geographic names remain available for all businesses in the area. Given Markle’s residency in Santa Barbara, there is a high likelihood that customers would associate her goods with the geographic location mentioned in the brand name.Markle now has three months to address the USPTO’s response and must pay an additional fee of $700 to proceed with the trademark filing. While the release of products from American Riviera Orchard is still pending, Markle has been actively engaging with potential customers and sending out samples to select individuals. Her company’s initial rollout has shown promise, with plans for a future rosé wine range and other exciting products in the pipeline.Despite the trademark setback, Markle remains optimistic about the future success of her brand. Fans and customers eagerly await the official launch of American Riviera Orchard, with high expectations for the quality and uniqueness of the products to come. Stay tuned for updates on this exciting venture and follow us for more insightful content and updates on all things related to Meghan Markle and her lifestyle brand.
Despite facing challenges with the trademark application for her lifestyle brand, Meghan Markle remains determined to launch American Riviera Orchard successfully. The recent rejection by the USPTO, citing restrictions on trademarking geographical locations, has not deterred the Duchess of Sussex. While the inclusion of the word Orchard did not sway the agency, Markle’s team views this as a standard part of the trademark filing process. They plan to respond appropriately within the given timeframe and meet the additional fee requirements to move forward.In addition to the geographical issue, the USPTO highlighted the potential overlap of Markle’s product descriptions with multiple trademark categories. The agency also emphasized the importance of leaving geographic names available for all businesses in the area, preventing any exclusivity based on location. Despite evidence of another company using the term “American Riviera” in Santa Barbara, the agency remains firm in its decision.As Markle navigates the trademark challenges, she continues to engage with potential customers by sending out samples and teasing upcoming products like a rosé wine range. The initial rollout of American Riviera Orchard has generated excitement and anticipation among fans and customers. While the official launch date is still pending, Markle’s dedication to delivering quality and unique products remains unwavering.Follow us for continued updates on Meghan Markle’s journey with American Riviera Orchard and stay informed about the latest developments. Your support motivates us to provide valuable insights and information for your benefit. Let’s look forward to the success of this lifestyle brand and celebrate Meghan Markle’s entrepreneurial spirit.
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Source: New York Post
