Uh-oh! Meghan Markle‘s trademark application for her lifestyle brand American Riviera Orchard was denied!!
According to The Telegraph on Tuesday, the Duchess of Sussex’s application was rejected by the US Patent and Trademark Office (USPTO)! Why? It’s a really boring reason actually — businesses cannot trademark geographical locations. American Riviera is a nod to the Santa Barbara, California community where Meg lives with Prince Harry, so this is going to be a big issue!
The ruling apparently came in on Saturday and explained that the addition of Orchard in the brand name “does not diminish the primarily geographical descriptiveness of the applied for mark.” It also noted that because there is a location mentioned in the brand’s name, “a public association of the goods and services with the place is presumed.” Well, that’s true. We assume “Kentucky Fried Chicken” is from Kentucky…
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Per DailyMail.com, there were also several other problems with the application. Apparently, Meghan failed to sign the correct documents and product descriptions were vague, making it so they could fit into multiple trademark categories. The refusal docs also included a screenshot of another Santa Barbara-based company selling a candle using the term “American Riviera,” proving it’s a common nickname for the area.
The USPTO explained the purpose of the rule is “to leave geographic names free for all businesses operating in the same area to inform customers where their goods or services originate.” The rejection added, per The Telegraph:
“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.”
So, what happens now? We mean, she may not have launched products yet, but she’s already soft launched the brand! It would be super awkward and expensive to redo everything…
According to the New York Post, the Suits alum’s team isn’t shocked by this result. They consider the rejection “routine and expected” and they will respond in due time. She’s already had people ripping her off, so we bet she’s eager to get this sorted out! Her team has three months to react to the rejection or she risks her application being dropped. She’ll also have to pay an additional $700 to move forward with the filing, as well. Oof. So much for being off to a strong start!
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[Image via CBS Sunday Morning/YouTube]
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