Meghan Markle‘s highly anticipated lifestyle brand, American Riviera Orchard, has hit another roadblock just as it was gearing up to launch later this year.
According to reports, the US Patent and Trademark Office (USPTO) denied the Duchess of Sussex’s trademark application last week.
Her previous application to trademark her podcast brand, Archewell, also suffered the same fate, leaving her in a dicey situation with authorities.
However, Meghan Markle is expected to appeal the USPTO’s decision over her trademark request.
Why The USPTO Denied Meghan Markle’s Request To Trademark American Riviera Orchard
According to the Daily Mail, the launch of the Duchess of Sussex’s lifestyle brand faces serious trademark issues with the USPTO.
The patent office objected to her application, saying that businesses are not allowed to trademark geographic locations, including the nickname of the coastline around their California home, “the American Riviera.”
Other reasons for the decline included her alleged failure to sign the correct documents and the ambiguous description of her products, which could fit into different trademark categories.
The patent office noted, for example, that her brand’s proposed “cocktail napkins” could be paper or textile, which are two different categories, as well as her “cooking utensils,” which could be manual or electric.
Another reason was the apparent unavailability of the name, as another Santa Barbara business involved in the sales of candle products is already using the term “American Riviera” for a candle that sells for $34.95, per the news outlet.
“Registration is refused because the applied-for mark is primarily geographically descriptive,” the Patent Office said in its filing. “Commonly used nicknames for geographic locations are generally treated as equivalent to the proper geographic name of the place identified.”
“American Riviera is a common nickname for Santa Barbara, California,” they added.
Meghan Markle Is Expected To Appeal The USPTO’s Decision
The USPTO’s decision is reportedly not final, and Meghan’s lawyers can appeal it and review their application to register at least some products.
A source told the Daily Mail that some back-and-forth with the USPTO is “routine and expected when filing for trademarks” and that they believe the mother-of-two will file a response soon.
Meghan’s lifestyle brand already had a problem with its filing when it was revealed that she failed to pay $11,382 in international registration fees and other “irregularities” that needed to be “corrected.”
The brand, which promises to bring consumers a taste of the Duchess of Sussex’s California-inspired style, sought trademark filings for products including tableware, drinkware, decanters, kitchen linens, and pantry goods, including jellies, jams, marmalade, and spreads.
Experts Voice Concerns Over The Duchess’ Brand
According to The Times, experts have raised concerns about Meghan’s brand, as it has failed to launch a single product for sale since its Instagram debut over five months ago.
“I would have major concerns if I was an investor,” PR and brand marketing expert Matt Yanofsky told the news outlet.
“If I’m an investor, I’m saying to her, ‘You need to find a CEO with a direct business plan that’s going to show profitability, or at least a revenue plan within the next 60 to 90 days,'” he added. “Otherwise I’m taking my money out.”
Prince Harry And Meghan Markle Suffer Employee Exodus
Meghan’s trademark issues come as she and Prince Harry seemingly struggle to retain employees.
The couple’s former Chief of Staff, Josh Kettler, left his position after just three months in July. Then, they parted ways with American PR strategist Christine Weil Schirmer, who joined them in 2020 as head of communications but left last year.
A source told Closer that the couple’s latest staff exit is “humiliating and demoralizing.”
The insider said, “The timing of this turn of events is absolutely terrible. Right as they set off on an exciting tour of Colombia the news of Kettler throwing in the towel is plastered everywhere and they’re once again being branded as horrible bosses who nobody seems to want to work for.”
“Of course, they’ve tried to do damage control but, behind closed doors, it’s utterly humiliating and demoralizing,” they added.
The Duke Allegedly Plans To Make A Return To Royal Life
Harry is said to be seeking help from his former aides and friends to devise hatch plans for a possible return to the royal family.
The Sussexes left their royal roles in 2020 and relocated to the US, where they currently live with their children. Their relationship with the monarchy has suffered since then, as they hurled several allegations against members of the firm after their exit.
“Harry is turning away from all sorts of Hollywood publicists and is seeking counsel from his old friends and associates,” a source told the Daily Mail. “He is clearly reaching out thinking, ‘I need to do something different because what I’m doing is clearly not working.’ In short, he is rethinking the way he operates.”
