Meghan Markle's lifestyle brand, American Riviera Orchard, is facing another trademark setback as it tries to get off the ground.
Just days after the U.S. Patent and Trademark Office (USPTO) denied a trademark for the brand name, the company is now facing a government challenge over its logo.
However, the issue hinges on the way the logo is described in the application rather than the design of the logo itself. The trademark office specifically objected to what it saw as a disparity in the way the letter “O” appears and is depicted in the written description.
“The applicant must submit a revised description of the mark that matches the mark on the drawing,” the USTPO wrote in its “Non-Final Action” document. daily Mail,
“The current description is inconsistent with the mark on the drawing and is therefore inaccurate. The description must be accurate and identify only those textual and design elements that appear in the mark.”
The document further stated, “Specifically, the current mark description shows that the letter 'O' appears in the mark. However, this letter is now clearly visible or highly stylized such that it cannot be identified as a letter. Furthermore, the description is incomplete as it does not describe all the elements in the mark.”
However, the trademark body did advise Markle's brand on how it could amend its application.
“If accurate, the following description is suggested: The mark consists of a double-lined octagon containing the stylized and overlapping letters 'AR' and containing ornamental and looping lines. The latter 'A' has a stylized flower at the top of the letter,” the trademark office said in its response to Markle's application.
The document also described the descriptions of some items sold by American Riviera Orchard as “too broad.” Descriptions of bath soaps, cocktail napkins, pans, cooking utensils, such as forks, strainers, spoons, spreaders, spatulas, whisks and tongs needed to be edited.
A source confirmed to the Post that American Riviera Orchard has received multiple office actions as part of its ongoing trademark application. However, he added that such notes are routine and expected when applying for a trademark.
The Post understands that American Riviera Orchards will respond to the USPTO document when the time comes.
The problem regarding the company's logo has arisen after an objection was made by the Trademark Office regarding the brand name.
On Aug. 31, the USTPO responded to American Riviera Orchards’ trademark application, writing that businesses cannot trademark geographic locations — a problem because “American Riviera” is synonymous with Santa Barbara, California.
“Registration is denied because the mark applied for is primarily geographically descriptive,” the USPTO document states.
“Commonly used nicknames for geographic locations are considered equivalent to the proper geographic name of the identified place,” the board said. Also, “American Riviera is a common nickname for Santa Barbara, California.”
The USPTO also said that adding the word “Orchard” to the brand name “does not diminish the primary geographic descriptiveness of the applied mark.”
Amid all the ongoing trademark controversy, there has been speculation that Markle might change the name of her brand.
“The team is thinking about backups right now, just in case,” a source reportedly told Polygon. Express,
Markle unveiled her new business in March. A launch date has not been announced, though it has been reported that products could be available by the end of the year.
Before marrying Prince Harry, the Duchess had a lifestyle blog called The Tig. She shut it down shortly after her engagement.
