Meghan Markle’s homeware brand American Riviera Orchard has run into more trouble – this time over the loop in its logo, DailyMail.com can exclusively reveal.
Just days ago, the United States Patent and Trademark Office (USPTO) rejected an application related to its brand name, arguing that companies cannot register geographic locations as trademarks.
This would include the nickname “American Riviera” for the coastline near the Sussexes’ mansion in Montecito, California.
Now, the same office is questioning the way the letter “O” for Orchard is represented in the company’s intricate, swirling logo, planned to help boost Meghan and Harry’s fortunes following the end of their $20 million Spotify deal.
In a “non-final action” document, the USPTO writes that the application has been reviewed by an examining attorney and: “Applicant must submit a modified description of the mark that matches the mark in the drawing.
‘The current description is not consistent with the mark on the drawing and is therefore inaccurate. Descriptions must be accurate and identify only the literal and design elements that appear in the mark.
Meghan Markle has been dealt another blow in her bid to get her American Riviera Orchard homewares brand off the ground – with trademark officials now questioning her logo, DailyMail.com can exclusively reveal.
Just days ago, the United States Patent and Trademark Office (USPTO) rejected an application for the name, arguing that companies cannot trademark geographic locations. This would include the “American Riviera” nickname for the coast near the Sussexes’ mansion in Montecito, California.
‘In particular, the current description of the mark indicates that the letter ‘O’ appears in the mark. However, the letter is now clearly visible or is highly stylized, so it is not recognizable as such. Furthermore, the description is incomplete because it does not describe all elements of the mark.’
But the office is giving Meghan a helping hand if she is stuck on what it suggests is a more accurate depiction of the current image.
The text reads: ‘The following description is suggested, if accurate: The mark consists of a double-line octagon enclosing the stylized, overlapping letters ‘AR’ and incorporating decorative and looping lines. The final ‘A’ contains a stylized flower at the top of the letter.’
The same document questions Meghan’s descriptions of some of the products she plans to market, saying they are “too general.” They include “bath soap, cocktail napkins, frying pans, kitchen utensils, namely forks, strainers, spoons, spatulas, whisks, tongs.”
Descriptions of ‘yoga blankets, meditation blankets’ also came under scrutiny, with instructions that the proper classification in the office should be ‘fabric or textile gift wrap’.
Meghan’s request includes stationery sets, with letter openers, envelopes, printed note cards, printed holiday cards, greeting cards, invitations, recipe cards and stamped stationery. The latest document suggested additional wording to clarify the classification.
The Duchess of Sussex launched the American Riviera Orchard ad in March, sending 50 jars of “homemade” strawberry jam to celebrities. Each one had a batch number on it.
The latest blow to the company comes after previous missteps and failures to secure the rights to its podcast brand, Archewell, last year.
Additionally, the USPTO’s denial of the name on August 31 also revealed a number of problems with the filing, including the apparent failure of Meghan’s agents to sign the correct documents.
Now, the USPTO is questioning the way the letter “O” for Orchard is depicted in the company’s intricate, swirling logo, planned to help boost Meghan and Harry’s fortunes following the end of their $20 million Spotify deal.
The negative comment even included a screenshot of another product from a Santa Barbara company that already used the term “American Riviera.” It showed that the site sbcoastalcandles.com sells an “American Riviera” candle for $34.95.
“The registration is refused because the mark applied for is primarily geographically descriptive,” the USTPO stated in its filing.
‘Nicknames commonly used for geographic locations are generally considered equivalent to the appropriate geographic name of the place identified.
‘American Riviera is a common nickname for Santa Barbara, California.’
The decision could complicate the launch of Markle’s embattled brand, which was reportedly planned to launch later this year.
According to her trademark filings, Meghan, 43, plans to sell dinnerware, beverage glassware, decanters, kitchen linens and pantry items including jellies, jams, preserves and spreads.
His trademark application already suffered an embarrassing setback when the USPTO said he failed to pay $11,382 in international registration fees and other “irregularities” that needed to be “corrected.”
DailyMail.com exclusively revealed those initial trademark issues last month.
The USPTO’s decision is not final, and Markle’s lawyers can still appeal and revise her application to try to get at least some of her products approved.
A source close to the Sussexes told DailyMail.com that some back-and-forth with the USPTO is “routine and expected when filing trademark applications” and that they believed Meghan would file a response with the office soon.
This is the second time that their trademark applications have been rejected.
In August 2023 The Duchess has abandoned an attempt to trademark her podcast ‘Archewell’after the USPTO discovered that a self-help blog with the same name had already filed a successful application.
The Sussexes have also reportedly “struggled” in finding a chief executive for Meghan’s new homeware and lifestyle company, although sources close to the duchess have insisted she is happy running the business herself.
And he also has to deal with constant change with his staff.
The source told Closer magazine that Prince Harry and his wife were “the toughest bosses” and had a high staff turnover.
“The numbers don’t lie and the fact that almost 20 staff members have quit their jobs is very telling,” the source told Closer. “It’s unprecedented, even for a start-up.”
In a “non-final action” document, the USPTO writes that the application has been reviewed by an examining attorney and: “Applicant must submit a modified description of the mark that matches the mark in the drawing.
“The current description is not consistent with the mark as it appears in the drawing and is therefore inaccurate. Descriptions must be accurate and identify only the literal and design elements that appear in the mark,” the document reads.
“The brutal reality is that Harry and Meghan are the toughest bosses, they are very demanding and difficult to work for and that annoys a lot of people.”
However, a source close to the Sussexes has dismissed that claim.
High-profile figures who have left the Sussexes’ employ include Meghan’s personal assistant Melissa Toubati in 2018, shortly after her wedding; Meghan’s female bodyguard in January 2019; senior communications secretary Jason Knauf in March 2019; and Queen Elizabeth’s former assistant and Meghan’s private secretary Samantha Cohen in October 2019.
Knauf was later revealed to be the source of the harassment claim against Markle, sparking a palace investigation.
No details of the investigation’s conclusion were revealed, and the Sussexes have strongly denied all allegations of bullying.
The couple’s PR chief, Sarah Latham, resigned when Harry and Meghan decided to leave the UK in 2020. The couple’s 14 other palace staff were also made redundant at the time.
And American PR expert Christine Weil Schirmer joined the Sussexes in 2020 as head of communications, but quietly left late last year.
Last month, her chief of staff, PR guru Josh Kettler, quit after just three months in the role, becoming the latest member of staff to leave the Sussexes. The decision was reportedly a “mutual” agreement at the end of Kettler’s probationary period.
