Meghan Markle, Duchess of Sussex, Won’t Get Trademark for American Riviera Orchard

The USPTO warned that the descriptions of the Duchess’s products could fit into multiple trademark categories, stating that “cocktail napkins” could be paper or fabric, while “cookware” could be manual or electric.

The 46-page document, filed Saturday, included screenshots of another Santa Barbara company using the term “American Riviera” to sell a specific candle and several web pages showing that Santa Barbara is commonly known as the American Riviera.

It was stated that because the location was the brand name, “there is a presumption that there is a public association of the goods and services with the place”.

‘Attached evidence’

It added: “Furthermore, the purchasing public would be likely to think that the goods and services originate from the geographical place mentioned in the mark because the evidence provided shows that the founder of the applicant, namely Meghan Markle, lives in the geographical place mentioned in the mark.”

The purpose of such statements is “to free up geographic names for all businesses operating in the same area, so that customers can know where their goods or services come from.”

The duchess was given three months to address the USPTO’s “non-final officer action” or her application would be rejected. She must also pay an additional $700 (£532) to proceed with the request.

Actions are ‘routine and expected’

The Sussexes’ office considers such actions “routine and expected” when filing trademarks. It expects to respond in due course.

One option is to simply submit a disclaimer confirming that no exclusive right to use “American Riviera” is being claimed.

This comes after the Sussexes’ attempt to trademark Archetypes, the name of Meghan’s podcast, was rejected by the USPTO due to a “likelihood of confusion” with other marks.