Learn from a Meghan Markle Trademark Hurdle. Meghan Markle recently got a trademark rejection for her “American Riviera Orchard” brand is a prime example of why a comprehensive trademark search is essential before filing.
Megan Markle Trademark Application was Struck Down because of it’s Description
Her application was partially refused because “American Riviera” is considered geographically descriptive of Santa Barbara, California. The U.S. Patent and Trademark Office (USPTO) made it clear:
“Commonly used nicknames for geographic locations are generally treated as equivalent to the proper geographic name of the place identified…”AMERICAN RIVIERA” is a common nickname for Santa Barbara, California.”
Megan Markle was up for Similar Results
This isn’t the first time we’ve seen such a refusal; a mere six months before Markle filing, the mark “American Riviera Art” (Serial No. 98170111) was rejected on similar grounds. A comprehensive trademark search would have uncovered this earlier rejection and saved Markle’s team from a similar fate.
Additionally, a common law search would have revealed that Santa Barbara has been dubbed “The American Riviera” for years. Articles and even Wikipedia clearly state this, providing even more evidence that the name wouldn’t pass muster with the USPTO.
More Reason Behind the Confusion in the Description in Megan Markle Trademark Application
The issue with the word “ORCHARD” in Markle trademark application highlights another reason for a comprehensive search. The USPTO flagged “ORCHARD” as merely descriptive for products like jellies and dried fruit because it is commonly used to identify providers of these goods. A thorough trademark search would have identified this issue early on, allowing Markle team to choose a more distinctive name and avoid potential refusals and costly rebranding down the road.
Beyond the issue of geographic descriptiveness, Markle application also included filing errors. Her team incorrectly listed “yoga blankets” and “meditation blankets” in International Class 28, but since January 2023, these goods belong in Class 24. This simple mistake could have been avoided with the right guidance.
Markle’s case highlights that even well-known names can face costly setbacks when trademark applications are not thoroughly vetted. Don’t let this happen to you. Contact TradeMark Express today to ensure your brand name is truly protected—without surprises down the road!