Meghan Markle’s Trademark Troubles from American Riviera Orchard to As Ever
Meghan Markle is no stranger to filing for trademark applications or developing new brands. She previously had some trademark trouble when she applied for a trademark application for her podcast, Archetypes, as it was initially refused for being too similar to a blog with the same name.
She decided to end her podcast, but not her desire to build a brand. In 2024, she filed trademark applications for her new company, American Riviera Orchard. These applications ended up also receiving initial refusals. When it comes to filing applications with the United States Patent and Trademark Office (“USPTO”), refusals are fairly common and can be issued for a number of reasons.
What Happens When You Get a Refusal?
Some refusals are more procedural in nature, and easier to fix and continue on in the process, while others are substantive and require a lengthy response to attempt to overcome. The more difficult refusals tend to be when the USPTO alleges that your trademark (pending application) is too similar to another pending or registered trademark. Usually the two best arguments here are that your trademark would not cause confusion to consumers because yours:
Differs in name (not too similar in sound, appearance, meaning, impression), and
Differs in the goods/services.
The more similar your trademark is to any other pending or registered trademarks in terms of the name itself and the types of goods or services, the more likely it is that you will receive this type of refusal – AND that it may be too difficult to overcome. This is because the entire point of a trademark is to prevent people from being confused between similar brands, mistakenly thinking there is some type of association.
This is why multiple brands can exist with the same or similar name IF they are selling different types of goods or services.
For example: Dove exists for chocolate, and Dove exists for deodorant.
Although they are identical brand names, consumers typically wouldn’t assume they are the same brand because of how different the goods are. This is a great reminder for why you want to always use a lawyer when attempting to trademark as well. Trust me, you don’t want to navigate this part of the process on your own.
What Happened to American Riviera Orchard?
Now back to Meghan! The refusals she received for American Riviera Orchard actually weren’t that serious. The refusals were just alleging that the name is geographic in nature and they requested the geographic portion of the brand to be disclaimed and for it to go on the Supplemental Register. This is essentially a secondary register and is often where brands start when they are less distinctive (because they are descriptive - either of the goods/services or of a geographic location, as is the case here). Once a brand has been selling for 5 years, they can re-apply for the Principal Register (the main register), as they have typically acquired a distinct place in the market by being in business for a number of years.
However, another company ended up filing a Letter of Protest with the USPTO. This is essentially a letter to the USPTO alerting them that they think their brand could be too similar to the pending application, and urging them (the USPTO) to consider this. They’re essentially saying
“HI! I know you already reviewed this brand’s application and you didn’t think their brand was too similar to any other pending or registered trademarks BUT we disagree and think they actually are too similar to our brand, so can you please re-think this!”
The brand that filed this letter was for “Royal Riviera” brands, and I suspect this is why Meghan Markle ultimately ended up rebranding. When a company files a Letter of Protest with the USPTO it could indicate that there will be trouble up ahead – specifically, that they may file a Notice of Opposition to the pending trademark application. This is filed with the Trademark Trial and Appeals Board and is essentially like filing a lawsuit. These proceedings can get very costly (like tens of thousands to hundreds of thousands of dollars), and they can take time as well, even up to a few years.
The Rebrand to As Ever
Meghan Markle made the decision to rebrand from American Riviera Orchard to As Ever and filed new trademark applications. She filed most of these in September 2024 for the same goods as the American Riviera Orchard trademark applications, but had also filed one back in 2022, even before her American Riviera Orchard (“ARO”) applications! So it appears she may have originally wanted to use As Ever, changed to ARO and then changed back after receiving the Letter of Protest.
An Image of the 7 pending trademark application records for “As Ever” with the USPTO
Either way, the As Ever trademarks all seem to be having no issues and have been approved for publication. This means they will be published for 30 days for anyone to oppose. After that, they will receive notice that they can file their proof that they are using the brand name in connection with the goods that they applied for (this is where the 2022 application currently is in the process). Once that proof is submitted and accepted, the applications should move to registration.
If Even a Duchess Can Have Legal Trouble, You Can Too
Take it from Meghan, if even a Duchess can have these types of trademark issues, so can any smaller brand! And of course, she has the money to deal with lengthy legal battles and rebrands… do you?
If you have any part of your brand that you intend to KEEP, it’s best to be the first to file a trademark application, because remember, trademarks are all about avoiding confusion. It isn’t just an identical brand that can be an issue, but anything that sounds similar, looks similar, has a similar meaning, or even impression. No matter how unique you think your brand may be, it still has the potential to cause confusion.
Need some trademark help? I’ve got you. Book a trademark consultation today!