Meghan Markle must be feeling intense frustration over the latest setback from the United States Patent and Trademark Office (USPTO), marking her fourth attempt to register "American Riviera Orchard" as an official trademark.
Once again, the attempt has been denied. And adding salt to the wound, it's not just bureaucratic obstacles standing in her way; premium food company Harry & David has intervened, arguing that the proposed trademark resembles their established "Royal Riviera Pear" brand too closely. This opposition from Harry & David, coupled with the USPTO’s firm rejection, has created a situation that seems almost engineered to provoke Meghan’s irritation.
The USPTO’s response makes it clear that businesses cannot trademark geographic locations. Meghan’s attempt to pay homage to Santa Barbara, where she and Prince Harry currently reside, hasn’t strengthened her case in the eyes of the agency. According to them, simply adding "Orchard" after "American Riviera" doesn’t sufficiently remove the connection to California. Furthermore, Harry & David’s protest only complicates things further. They argue that Meghan’s brand name bears a strong resemblance to their "Royal Riviera" line, which could mislead customers nationwide who are already familiar with their premium pear products. Clearly, Harry & David have no desire to compete with a royal-associated brand and have made their opposition known, pushing the issue up the USPTO’s chain of command.
So here sits Meghan, watching her aspirational lifestyle brand slipping farther out of reach, as USPTO examining attorney Marco R. takes a closer look at the application. The situation has reached an almost comedic level, with endless rejections and obstacles stacking up against her. One can almost imagine her reaction, reading the USPTO’s public memo that essentially sides with Harry & David’s concerns. And there’s a bit of irony in it all—just the name "Harry & David" must feel like a personal jab given her husband’s name, adding a sting to an already frustrating ordeal.
To add to the growing list of grievances, the USPTO has notified Meghan that she must pay an additional $700 to continue pursuing the application. It’s almost as though each new rejection comes with a financial reminder, nudging her to reconsider the endeavor. By now, she’s likely tallying up just how much she’s invested in this venture. While Meghan could afford the top legal experts to guide her through the trademark process, it’s been reported that she opted to work with an entertainment law firm instead of a trademark specialist, leaving her to grapple with the finer points of trademark law. It’s a bit like watching someone attempt to claim a public street as private property, only to be bewildered when told it’s not feasible. Given her resources, it’s surprising she didn’t engage someone to conduct a thorough copyright and trademark search from the start.
This situation ironically underscores Tina Brown’s assertion that Meghan has a knack for making missteps, even with all her resources, connections, and opportunities. Now, she’s making headlines for an unsuccessful attempt to trademark a name associated with a basket of pears. Will she pivot, as Kim Kardashian did when rebranding from "Kimono" to "Skims"? Perhaps we’ll soon see a new name like "Sussex Riviera." One wonders if she regrets not holding onto her former "Sussex Royal" trademarks, which she was blocked from using years ago.
