Meghan Markle suffers fresh blow as Duchess of Sussex given three-month deadline

Meghan Markle

Meghan Markle's American Riviera Orchard brand has hit a significant roadblock as the United States Patent and Trademark Office (USPTO) rejected her trademark application.

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Svar Nanan-Sen

By Svar Nanan-Sen


Published: 03/09/2024

- 15:04

The Duchess of Sussex faces trademark hurdles amid a launch delay for her lifestyle brand

Meghan Markle's American Riviera Orchard brand has hit a significant roadblock as the United States Patent and Trademark Office (USPTO) rejected her trademark application.

The Duchess of Sussex now has three months to respond to the "nonfinal officer action" issued by the USPTO, with failure to do so potentially resulting in the application's abandonment.


The setback comes amid delays in product launches as the brand has yet to offer any products for sale to the public, despite a glitzy Instagram launch five months ago.

The USPTO outlined several reasons for rejecting Meghan's trademark application in a 48-page document. These include the need to clarify goods descriptions, comply with multiple-class application rules, and disclaim descriptive terms related to 'Riviera'.

Meghan Markle

Meghan Markle's American Riviera Orchard brand has hit a significant roadblock as the United States Patent and Trademark Office (USPTO) rejected her trademark application.

Getty

Officials deemed the descriptions for items like 'cocktail napkins', 'pans', and 'cooking utensils' too vague.

The trademark bid also risked refusal due to its geographically descriptive nature, which could prevent others from describing their products.

An insider told the Express: "The process for acquiring a trademark is extremely rigorous. It would be a surprise if Meghan had not received one before in trying to get her application through.

"She is still very much committed to her brand and has three months to respond. There is no way this will lead to abandonment."

Meghan Markle

Meghan now has three months to respond to these issues or her application could be abandoned.

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Meghan now has three months to respond to these issues or her application could be abandoned.

The Duchess of Sussex was also told to pay an additional $700 (ÂŁ532) to proceed after initially failing to pay the correct fee.

American Riviera Orchard's current status remains uncertain, with no products available for public purchase. The brand's Instagram page and website are bare, offering no option for customers to buy items.

Meghan had previously sent jars of jam to famous friends and influencers, generating social media buzz. However, this limited exposure has not translated into a full product launch.

Meghan Markle

Meghan had previously sent jars of jam to famous friends and influencers.

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Reports suggest that Meghan is struggling to hire a permanent chief executive for the company. A source told Closer: "The brutal reality is Harry and Meghan are the toughest of taskmasters, they are very demanding and difficult to work for, and that puts a lot of people's backs up."

PR and brand marketing expert Matt Yanofsky expressed concerns about the brand's future to The Times, stating: "I would have major concerns if I was an investor."

He advised: "If I'm an investor, I'm saying to her, 'you need to find a CEO with a direct business plan that's going to show profitability, or at least a revenue plan within the next 60 to 90 days'."

However, a source close to the Sussexes dismissed this claim, telling People magazine that Meghan has been busy working behind the scenes to prepare for a launch later this year.

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