The obstacles encountered in obtaining trademark protection for Meghan Markle, Duchess of Sussex, and her luxury brand highlight the necessity of a careful and farsighted brand strategy for successful brand building.
Initially, the United States Patent and Trademark Office (USPTO) rejected an application for Meghan Markle's luxury brand, American Riviera Orchard, primarily due to its geographical descriptiveness. Even after renaming it As Ever, Meghan Markle only managed to secure trademark protection under US trademark law with a reduced scope of protection.
US Trademark Law: Requirements for Trademark Registration
Trademark law is of paramount importance worldwide for companies with luxury brands, such as Meghan Markle's. Registering and establishing a brand provides a competitive advantage.
Trademark law also protects consumers of luxury products from potential confusion with similar products on the market. It ensures the identification of the companies behind the brand and guarantees a certain level of quality.
A well-thought-out brand strategy includes examining the trademark application and thus the extended geographical scope of trademark protection to all relevant markets. The United States is a key market for luxury brands, which is why market entry is significant for German or European companies in terms of international brand development.
Trademark applications can be filed through the USPTO, similar to the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO).
If the application is successful, trademark rights are established throughout the United States (Federal Registration).
The primary basis of US trademark law is the Lanham Trademark Act (15 U.S.C. §§ 1051 et seq.). Among other things, it governs registration with the USPTO and the enforcement of trademark rights nationwide by protecting "the owner of a federally registered trademark from the use of similar marks if such use is likely to cause consumer confusion.“
In contrast to German trademark law, which operates on a first-to-file principle, US trademark law operates on a first-to-use principle.
This means that trademark protection in Germany generally only arises upon registration of the mark as a trademark by the DPMA (§4 Number 1 German Trademark Act; MarkenG). In contrast, trademark protection under US trademark law can arise, in principle, from the first actual use of the mark in commerce, regardless of registration.
Before filing a trademark application under US trademark law, it is advisable to conduct a comprehensive trademark search to avoid potential conflicts with older trademarks. The USPTO does examine potential confusion with existing trademarks, for example, for likelihood of confusion under Section 2 (d) of the Lanham Trademark Act.
However, this official examination does not replace comprehensive research, as registration is not mandatory for protection under the first-to-use principle.
Meghan Markle's efforts and the obstacles she encountered on the path to luxury brand protection illustrate the importance of examining these formal trademark application requirements early on in order to successfully build an international brand.
The Meghan Markle case also demonstrates that a proactively planned and meticulously crafted brand strategy can prevent potential trademark conflicts and collisions, thus ensuring a focused and sustainable international brand development process (see product lines of luxury brands as a trademark strategy).
Meghan Markle and the Brand Building of American Riviera Orchard in the Luxury Segment
With the help of comprehensive US trademark protection, Meghan Markle, Duchess of Sussex, attempted to position her lifestyle luxury brand American Riviera Orchard, and later As Ever, in the US market.
Through her company Mama Knows Best, LLC, Meghan Markle applied for trademark registration for American Riviera Orchard in 2024. The trademark was intended to protect a range of goods, including high-quality tableware, housewares, and gourmet foods.
Meghan Markle's branding strategy involved drawing a connection between American Riviera Orchard and her life with Prince Harry in Santa Barbara, California, as well as her former luxury lifestyle blog, The Tig.
Why did the USPTO reject Meghan Markle's application for the luxury brand American Riviera Orchard?
In August 2024, the USPTO rejected the US trademark application for American Riviera Orchard because it classified the name as "primarily geographically descriptive" under Section 2 (e) (2) of the Lanham Trademark Act.
This is an absolute ground for refusal under US trademark law. Other absolute grounds for refusal in US trademark law include misleading or purely descriptive trademarks, trademarks consisting of functional elements, and trademarks containing immoral, misleading, or scandalous content.
The purpose of the geographical descriptiveness rule in US trademark law is to prevent purely geographical descriptions from being the exclusive domain of one company and to avoid misleading consumers about the origin or characteristics of a product. Similar provisions exist in European and German trademark law, specifically Article 7 (1) (c) of the EU Trademark Regulation and §8 (2) Number 2 MarkenG (on the exclusive protection of regional quality products in the EU).
The USPTO specifically examines whether the trademark application contains a generally known geographical indication, whether consumers can understand it as referring to the respective location, and whether the goods or services offered actually originate from or are associated with that location. If these conditions are met, the trademark application is rejected.
The trademark law criterion of "secondary meaning" can override the existence of these conditions by attributing the necessary distinctiveness to descriptive trademarks.
If evidence exists that buyers associate the trademarks with the respective company and not with the geographical location, registrability is nevertheless granted.
Geographical Descriptiveness: USPTO classifies American Riviera Orchard as "Primarily Geographically Descriptive"
The USPTO classified Meghan Markle's luxury brand name, American Riviera Orchard, as "primarily geographically descriptive." This is because the American Riviera is a recognized nickname for the city of Santa Barbara.
Similar to the European Riviera regions, it is characterized by its coastal scenery and exclusive atmosphere. The USPTO noted that numerous companies, local tourism campaigns, and publications have long referred to the region as the American Riviera, and consumers typically recognize the region as a geographical origin.
They would assume that the offered goods originate from this region. Therefore, the USPTO rejected the registration of American Riviera Orchard due to its geographic descriptiveness.
Furthermore, the addition of "Orchard" did not meet the criterion of "secondary significance." Consumers would still understand the luxury brand as a brand that sells products from the Santa Barbara region. The addition does not allow for a direct attribution to Meghan Markle's company.
Furthermore, the USPTO criticized the quality of Meghan Markle's trademark application. The "O" in the "Orchard" tagline is so "stylized in the logo that it is no longer recognizable as a letter and therefore does not correspond to the literal description of the alleged verbal element.“
Why did the USPTO reject Meghan Markle's original trademark application for her luxury brand As Ever?
In February 2025, Meghan Markle announced the rebranding of her luxury brand to As Ever.
Trademark Confusion Risk of Meghan Markle's As Ever with Clothing Brand ASEVER
Meghan Markle also faced trademark objections from the USPTO regarding the brand name As Ever.
The USPTO rejected the application for the luxury brand under the new name As Ever for clothing, citing a likelihood of confusion with the Chinese clothing brand ASEVER. According to Section 2 (d) of the Lanham Trademark Act, registration of a trademark can be refused "if it is used in connection with goods or services that are so similar to a previously registered trademark that a consumer would likely be confused as to the origin of the applicant's goods or services."
“The trademarks sound similar and are almost identical in appearance, which is why they are classified as likely to be confusingly similar,” the USPTO explained.
Meghan Markle finally succeeded in registering As Ever after amending her application and waiving trademark protection for clothing.
Other Trademark Issues Surrounding As Ever
In February 2025, Xisca Mora, the mayor of the Spanish municipality of Porreres on Mallorca, pointed out that Meghan Markle's As Ever logo was almost identical to the historical coat of arms of Porreres. "We don't want our coat of arms to be falsified," Mora stated.
A similarity to the clothing brand As Ever NYC by designer Mark Kolski was also noted. Kolski does not intend to take legal action at this time (November 2025).
Thus, in addition to the difficulties in registering the trademark with the USPTO, further potential trademark conflicts arose. A preliminary legal search for similarity can prevent such conflicts.
Résumé
Meghan Markle, Duchess of Sussex, had to overcome several obstacles. Trademark law specifics, such as the requirement of geographical descriptiveness, demonstrate that a professional strategy for building an international brand is essential. Proactive research and verification of trademark protection are advisable when planning a US expansion to avoid conflicts, legal challenges, and potential reputational damage.
"A brand can only reach its full potential if it is legally secured in all relevant markets and positioned with the necessary foresight. The case of Meghan Markle demonstrates that positioning a luxury brand in the US encounters specific hurdles and therefore requires tailored planning," says dtb-lawyer and expert in art law, luxury brands and trademark law, Leon van Lee.
Status 27.11.2025