(TheIndependentStar.com) – Despite reportedly trying to have a normal life after she was left out of the Royals, Meghan Markle’s new lifestyle brand has run into trouble after its trademark application was rejected.
The U.S. Patent and Trademark Office (USPTO) denied the Duchess of Sussex’s application, pointing out that businesses cannot trademark geographical locations.
The brand name “American Riviera Orchard” is a nod to Santa Barbara, California, where Markle lives with Prince Harry and their two children.
Moreover, the USPTO stated that adding the word “Orchard” does not change the fact that the name still mostly refers to a specific place.
Since the brand’s name includes a location, the agency said, “a public association of the goods and services with the place is presumed.”
The USPTO also flagged that the descriptions of Markle’s products could fall under multiple trademark categories.
In addition, the agency’s report included screenshots of another Santa Barbara-based company selling candles using the term “American Riviera,” which shows that the nickname is commonly linked to the area.
However, this evidence was not enough. The USPTO explained that the purpose of these rulings is “to leave geographic names free for all businesses operating in the same area to inform customers where their goods or services originate.”
They added, “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.”
The former actress now has three months to respond to the USPTO’s decision or risk having her application dropped altogether. To continue with the trademark filing, she would also need to pay an additional $700.
Furthermore, Markle introduced her new business venture in March, hinting at its launch. However, six months later, there was still no word on when the products would be available or what exactly would be offered.
Though nothing is on sale yet, Markle sent jars of strawberry jam to a select group of celebrities in April, which reportedly got the brand off to a “strong start.”
Since then, she has sent dog biscuits to her celebrity friends and teased a potential rosé wine range.
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