Trademark application refusal by USPTO stalls Duchess of Sussex’s lifestyle venture, says royal commentator Richard Fitzwilliams

Meghan Markle‘s latest business venture, the lifestyle brand American Riviera Orchard, has hit a significant stumbling block after the US Patent and Trademark Office (USPTO) refused her trademark application. The decision has led to what royal commentator Richard Fitzwilliams describes as “total chaos” for the Duchess of Sussex’s new commercial endeavour.

Speaking on GB News, Fitzwilliams expressed surprise at the failure of Markle’s administrative team to foresee the issue, which arose because the brand name includes a geographic location. He explained, “You can’t apparently use the name of a county or a specific place in your brand. It’s extraordinary that none of the Sussexes’ team seemed to know this.”

The setback stems from the USPTO’s ruling that the addition of the word “Orchard” does not sufficiently diminish the geographic descriptiveness of “American Riviera,” which refers to a region in California, including Santa Barbara, where Meghan and Prince Harry reside. The use of the location suggests a presumed public association of the goods and services with that place, which complicates the trademark application.

Despite this, Markle had already begun softly launching American Riviera Orchard, sending jam samples to celebrity friends such as Kris Jenner. However, none of the products have been made available to the general public since the website went live in March. The site currently features a holding page inviting visitors to join a waiting list for updates on “products, availability, and updates.”

Fitzwilliams noted that the setback is likely to delay the brand’s formal launch significantly. “It looks as though it will now be considerably delayed, and possibly the name may well have to change. It’s absolute chaos,” he added.

The USPTO’s decision comes after they found that other businesses in Santa Barbara had already used the term “American Riviera.” The ruling also mentioned that the Duchess’s brand description could fall into multiple trademark categories, which adds another layer of complexity to the application process.

While the setback may alter the brand’s trajectory, Meghan Markle’s ambitions for American Riviera Orchard remain, with a focus on expanding its range of products in the future.

Analysis:

Political: The failure of Meghan Markle’s administrative team to navigate the USPTO’s geographic restrictions highlights challenges in global branding. As a public figure tied to British royalty, Markle’s ventures are often scrutinized both in the UK and the US, making political implications inevitable. Trademark disputes over geographic names also reflect legal and bureaucratic hurdles that even high-profile personalities face.

Social: Meghan Markle’s lifestyle brand has attracted attention not just for its products but for the social messaging that often accompanies her ventures. The soft launch involving jam samples sent to celebrities like Kris Jenner indicates an attempt to build an exclusive, socially connected brand. Markle’s public persona, tied to both royalty and activism, means that her commercial endeavours often resonate with broader social themes, such as sustainability and health.

Racial: Markle’s ventures often carry racial undertones due to her high-profile status as a biracial woman in the public eye. Her lifestyle brand may seek to challenge stereotypes in the luxury market by emphasizing inclusivity and representation. The setback with the trademark application, however, shows that even well-intentioned businesses led by influential figures can face obstacles in the competitive commercial space.

Gender: As a female entrepreneur, Meghan Markle’s pursuit of a lifestyle brand underscores the increasing influence of women in business. Her efforts in launching American Riviera Orchard align with a growing number of female-led ventures in the wellness and luxury sectors. The delay caused by the trademark issue also highlights the unique challenges that women in business face, even at the highest levels of fame and influence.

Economic: Markle’s brand aims to tap into the lucrative wellness and lifestyle industry. The setback could have economic ramifications for the venture, potentially delaying product releases and revenue generation. However, given her global profile, any future success with the brand could result in significant financial rewards. The decision by the USPTO may force a rebranding, but Markle’s potential to leverage her network and reputation could ultimately turn the situation around.