When Meghan Markle first announced her new lifestyle brand, American Riviera Orchard, in early 2024, the rollout appeared poised for success. Carefully curated Instagram teasers, elegant brand positioning, and connections to her life in Santa Barbara, California, set the stage for a potential expansion into jams, home goods, kitchenware, and lifestyle products. However, behind the scenes, a more complicated story has emerged at the United States Patent and Trademark Office (USPTO)—one centered around a fundamental principle of trademark law that has stalled Markle’s branding efforts: the geographic descriptiveness problem tied to the American Riviera trademark.
The American Riviera is not a fictional concept created by Markle’s team. It’s a widely recognized nickname for Santa Barbara, where Meghan and Harry have made their home. In fact, numerous businesses, local tourism campaigns, and publications have long referred to the region as the “American Riviera,” drawing parallels to the European Riviera for its coastal beauty and affluent reputation. This widespread use is precisely why the USPTO issued an Office Action in August 2024, preliminarily refusing the American Riviera trademark application for being “primarily geographically descriptive” under Section 2(e)(2) of the Lanham Act.
Is American Riviera Trademark Legally Descriptive?
The issue for Markle’s team is serious. Under U.S. trademark law, marks that primarily describe a location must show secondary meaning—proof that consumers associate the term with the applicant’s brand, not the place. Without that association, the USPTO will not grant exclusive rights over a name tied closely to a geographic location. In Markle’s case, the addition of the word “Orchard” to “American Riviera” was not enough to overcome the problem. The USPTO found that consumers would still view the mark as describing products originating from the Santa Barbara area, not necessarily identifying a single source.
Beyond geographic descriptiveness, the USPTO raised technical concerns about how Markle’s team classified products like “cocktail napkins” and “cooking utensils,” as well as conflicts with existing trademarks involving American Riviera candles and home goods. These objections highlight the layered challenges that arise when celebrity-driven brands seek broad protection without fully accounting for existing legal frameworks.
Rather than mounting an aggressive legal argument to save the American Riviera trademark, Meghan Markle’s team appears to be pivoting strategically. In early 2025, Markle announced that her brand would move forward under a different name: As Ever. This brand had already been quietly trademarked by Markle’s legal team back in 2022, and its launch is set to coincide with her new Netflix series, With Love, Meghan. Based on public USPTO records, Markle’s attorneys had filed for an extension to respond to the Office Action for American Riviera Orchard but, as of April 28, 2025, no substantive response has yet been filed.
Lawyer’s Options for American Riviera Trademark
Unless her legal team files an amended application or persuasive arguments addressing the USPTO’s refusals by late May 2025, the American Riviera trademark application could lapse or be abandoned. This outcome would cement As Ever as Markle’s primary branding effort going forward, leaving American Riviera Orchard behind as a brief but instructive footnote in the intersection of celebrity branding and complex trademark law.
The broader lesson here extends far beyond celebrity headlines. The struggle around the American Riviera trademark highlights critical realities for any entrepreneur, startup, or global brand entering new markets. Geographic descriptiveness is one of the most common, and difficult, barriers to trademark registration. Simply put, you cannot easily claim exclusive rights over widely known place names without significant evidence of secondary meaning. Moreover, strategic brand pivots—such as Markle’s shift to As Ever—show the importance of preemptive legal strategy when choosing a name for trademark protection.
At L.A. Tech and Media Law Firm, we advise clients on building brands that are both creatively resonant and legally defensible. Whether launching a lifestyle brand, a technology startup, or an international ecommerce venture, founders must think proactively about how geographic terms, common phrases, and potential conflicts could derail their branding efforts. You can learn more about our trademark selection and clearance services here.
The fight over the American Riviera trademark also touches on broader themes of intellectual property protection and global branding. U.S. trademark law remains one of the strongest systems in the world for safeguarding brand identity—but only when navigated carefully, with experienced legal guidance. As globalization and celebrity-driven branding strategies increase, the lessons from Markle’s filing resonate even more strongly across industries.
Top Los Angeles Trademark Attorney
David Nima Sharifi, Esq., founder of L.A. Tech and Media Law Firm, advises emerging brands, tech startups, and global creatives on trademark strategy, brand protection, and intellectual property law. Featured in the Wall Street Journal and recognized among the Top 30 New Media and E-Commerce Attorneys by the Los Angeles Business Journal, David provides the expertise companies need to launch and protect brands successfully in the United States and internationally.
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