Meghan Markle Faces Trademark Challenges
Meghan Markle, the Duchess of Sussex, is experiencing hurdles on her journey to launching her lifestyle brand. Recently, she received a warning regarding trademark issues that could put her plans at risk. This article will provide an overview of Meghan’s brand evolution and the trademark obstacle she faces.
Evolution of Meghan’s Brand
Initially known as American Riviera Orchard, Meghan Markle has rebranded her business under the name "As Ever." This transition reflects her vision for a lifestyle line that includes a variety of products, ranging from clothing to food items. However, the journey has not been without its complications.
Trademark Issues Emerge
In October 2022, Meghan’s legal team filed for a trademark with the United States Patent and Trademark Office (USPTO) to secure the rights to sell items such as aprons, clothing, jams, and dog biscuits under the "As Ever" label. However, the process has been complicated by the emergence of a Chinese clothing company that bears the same name.
According to documents available to the public, Meghan received a "partial rejection" from the USPTO in July 2023. The office indicated that allowing her to sell clothing under the name "As Ever" could lead to confusion among consumers, as the marks were nearly identical in appearance and sound. This response emphasized the likelihood of confusion among consumers, which is a common criterion for trademark applications.
Understanding the Rejection
The rejection stated that "registration of the applied-for mark is refused because of a likelihood of confusion." This means that if consumers come across Meghan’s products and those of the competing brand, they might mistakenly assume that they are related or come from the same source. Such brand confusion is a significant concern in trademark law.
Revised Application and Current Status
In response to the partial rejection, Megan’s attorneys took action. In January 2024, they submitted a revised application that excluded any references to clothing, focusing instead on other product categories. This strategic move resulted in the approval of her trademark for non-clothing items.
While this development is a step forward, it does create a challenging situation for Meghan if she eventually wants to sell clothing under the "As Ever" brand. Should she decide to enter that market, she will need to create a new brand name for her clothing lines to avoid infringing on the trademark rights of the existing company.
Possible Consequences of Trademark Infringement
If Meghan were to disregard this separate branding and sell clothing under "As Ever," she would be at risk of a significant lawsuit. This could lead to costly legal battles, potential damages, and damage to her brand’s reputation.
Trademark issues are serious and highlight the importance of exhaustive research and legal understanding during the branding process. Businesses are often advised to perform thorough checks to ensure their brand names don’t conflict with existing trademarks, to avoid legal troubles down the line.
Moving Forward
Despite these challenges, Meghan Markle remains determined to launch her lifestyle brand successfully. Her experience serves as a reminder that the path to launching a product line can be complex and filled with legal considerations.
Conclusion
In summary, Meghan Markle is navigating a challenging landscape as she works on launching her lifestyle brand, "As Ever." The trademark issues surrounding her brand name highlight the complexities many entrepreneurs face in ensuring their product names are unique and legally defensible. With legal adjustments made to focus on non-clothing items, Meghan may continue her journey, yet still needs to devise a separate strategy for her clothing line. As she moves forward, her ability to adapt and resolve these challenges will play a crucial role in the future of her brand.
