Trademark law exists to prevent consumer confusion and protect intellectual property, yet even high-profile individuals encounter legal challenges in securing exclusive rights to brand names. The Meghan Markle trademark for American Riviera Orchard was denied by the United States Patent and Trademark Office (USPTO) due to key legal issues, forcing Meghan Markle to rebrand her lifestyle brand under the new name As Ever.
This case serves as a high-profile example of why trademark strategy matters and how entrepreneurs—including public figures—must navigate intellectual property laws carefully when branding a business. The Meghan Markle trademark rejection reveals important lessons about geographic descriptiveness, conflicting business names, and proper trademark categorization.
The Meghan Markle Trademark Attempt and Its Rejection
In 2024, Meghan Markle filed a trademark application for American Riviera Orchard, intending to use the name for a lifestyle brand focused on home goods, food products, and decor. However, the USPTO rejected the application in August 2024, citing the following issues:
- Geographic Descriptiveness – The term “American Riviera” is a widely used nickname for Santa Barbara, California, where Meghan and Prince Harry reside. Under trademark law, applicants cannot claim exclusive rights over terms that describe a specific location.
- Lack of Distinctiveness – The addition of “Orchard” did not provide sufficient uniqueness to differentiate the brand from existing uses of “American Riviera” in commerce.
- Existing Trademark Conflicts – Another Santa Barbara-based company was already selling candles using the phrase “American Riviera”, which created potential confusion in the marketplace.
- Ambiguous Product Categorization – The Markle trademark application listed “cocktail napkins” and “cooking utensils”, but the USPTO found the descriptions too broad, as these products could fit into multiple trademark classes (e.g., textiles vs. paper goods, manual vs. electric utensils).
Trademark law requires precision in both brand uniqueness and product classification, and the Markle trademark filing fell short on both counts.
The Rebrand to “As Ever” and Trademark Strategy Shift
Faced with the rejection of the Markle trademark for American Riviera Orchard, Meghan Markle announced a full rebrand to As Ever in early 2025. The announcement coincided with the launch of her new Netflix lifestyle show, “With Love, Meghan,” set to premiere on March 4, 2025.
In an Instagram video filmed in her garden, Meghan Markle stated:
“I’ve been waiting for a moment to share a name that I had secured in 2022, and this is the moment, and it’s called As Ever.”
Unlike the failed Markle trademark attempt with American Riviera Orchard, As Ever appears to be a legally stronger choice. By securing this name in advance, Markle avoided the geographic restrictions and trademark conflicts that derailed her original application.
Why the Markle Trademark Rejection Highlights Common Branding Pitfalls
The Markle trademark experience demonstrates several common mistakes that businesses and entrepreneurs should avoid when selecting a brand name:
1. Avoid Geographic Descriptiveness in Trademarks
The USPTO frequently rejects trademark applications that contain city, state, or regional references, especially when those terms are commonly used in commerce.
- Businesses should choose names that are unique and not associated with a specific location.
- If a geographic name is used, it must include a highly distinctive modifier that differentiates it from common usage.
2. Ensure Trademark Distinctiveness
The Markle trademark rejection underscores the importance of choosing a brand name that is not generic or widely used.
- Strong trademarks are invented words (e.g., Google, Kodak) or arbitrary terms used in a unique way (e.g., Apple for computers).
- Adding a generic word like “Orchard” to a commonly used phrase does not create a strong trademark.
3. Conduct a Thorough Trademark Search
Before filing an application, businesses should research existing trademarks to identify potential conflicts. The Markle trademark filing encountered pre-existing commercial use of “American Riviera” for candles, which weakened the application.
- A professional trademark search through the USPTO database can identify risks before filing.
4. Define Product Categories Clearly
One of the key issues in the Markle trademark rejection was ambiguity in product descriptions. When filing a trademark application:
- Each product or service must be categorized precisely to fit within a designated USPTO class.
- Vague descriptions can result in rejection or delays, requiring resubmissions and modifications.
The Future of the As Ever Brand
The Future of the As Ever BrandNow operating under As Ever, Meghan Markle is expected to continue her lifestyle brand, which includes home goods, cooking products, and fruit preserves. She previously hinted at expanding her product line beyond jam, stating:
“I think we’re all clear at this point that jam is my jam.”
With a properly secured trademark, As Ever is positioned to launch without the legal hurdles that plagued American Riviera Orchard. However, trademark protection is an ongoing process, and any future expansion must comply with intellectual property laws to avoid similar setbacks.
Los Angeles Startup Trademark Attorney
The Meghan Markle trademark rejection for American Riviera Orchard serves as a compelling case study in trademark law, brand protection, and business strategy. By failing to anticipate geographic descriptiveness issues, pre-existing commercial use, and product classification concerns, Meghan Markle’s initial application was denied, forcing a costly and public rebrand.
However, the successful pivot to As Ever demonstrates the value of proactive trademark planning and securing brand rights in advance. Entrepreneurs seeking to protect their businesses must:
- Choose unique and legally sound brand names
- Avoid geographic terms and generic phrasing
- Conduct comprehensive trademark searches before filing
- Precisely define product categories in their applications
For businesses looking to trademark a brand name or rebrand after a trademark rejection, expert legal guidance is essential.
David Nima Sharifi, Esq., founder of L.A. Tech and Media Law Firm, is a leading trademark attorney specializing in brand protection, trademark strategy, and intellectual property law. Recognized among the Top 30 New Media and E-Commerce attorneys by the Los Angeles Business Journal, he provides expert counsel to businesses and public figures navigating complex trademark issues.
Schedule your confidential consultation now by visiting L.A. Tech and Media Law Firm or using our secure contact form.
