Meghan Markle’s impending lifestyle brand American Riviera Orchard has been dealt a fresh blow after its trademark application had been refused.
The Duchess of Sussex’s application was rejected by the US Patent and Trademark Office (USPTO), who warned that businesses cannot trademark geographical locations, The Telegraph reports.
American Riviera is a sweet nod to Santa Barbara, Calif., where Markle resides with her husband Prince Harry and their two children.
The USPTO said on Saturday the addition of the word Orchard “does not diminish the primarily geographical descriptiveness of the applied for mark.”
It added that since there is a location mentioned in the brand’s name, “a public association of the goods and services with the place is presumed.”
Markle’s team considers the pushback “routine and expected” when filing for trademarks. It expects to respond in due course, The Post hears.
The government agency also warned that the “Suits” alum’s product descriptions could fit into multiple trademark categories, the outlet adds.
The document also included screenshots of another Santa Barbara-based company using the term “American Riviera” to sell a candle, proving that the nickname is widely associated with the area.
However, that evidence was deemed not enough, as the USPTO said the purpose of such rulings is “to leave geographic names free for all businesses operating in the same area to inform customers where their goods or services originate.”
“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,” it added, per the outlet.
The former actress, 43, now has three months to address the response made by the USPTO, or risks having her application dropped.
She must also pay an additional $700 to move forward with the trademark filing.
The mom of two unveiled her new business venture in March, teasing its impending launch.
But six months later, there’s still no release date or information about the products that customers can expect to be up for sale.
While products from her brand are not available for purchase yet, Markle sent out jars of strawberry jam to an exclusive group of celebs in April, prompting a “strong start” to the company’s rollout.
Since then, the mom of two has sent dog biscuits to her celeb pals and has teased a future rosé wine range.
Earlier this year, it was reported that Markle could be looking to make a whopping seven-figure sum within the first year of launching the brand.
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Source: New York Post
