Meghan Markle’s homeware brand American Riviera Orchard has found itself in hot water again, this time over a loop in its logo, DailyMail.com can exclusively reveal.
Just a few days ago, the U.S. Patent and Trademark Office (USPTO) rejected an application regarding the name of her brand. According to the office, companies are not allowed to trademark geographical locations.
This would also include the nickname “American Riviera,” after the coastline near the Sussexes’ mansion in Montecito, California.
Now the same office is questioning the way the letter “O” for Orchard is depicted on the company’s intricate, swirling logo, which is aimed at boosting Meghan and Harry’s fortune after their $20 million deal with Spotify expires.
In a “non-final action” document, the USPTO writes that the application has been reviewed by an examining attorney and: “Applicant must file an amended description of the mark that matches the mark on the drawing.
‘The current description is inconsistent with the mark on the drawing and is therefore incorrect. Descriptions must be accurate and identify only the literal and design elements that appear in the mark.
Meghan Markle has suffered another setback in her bid to launch her American Riviera Orchard homewares brand, with trademark authorities now raising questions about her logo, DailyMail.com can exclusively reveal.
Just a few days ago, the U.S. Patent and Trademark Office (USPTO) rejected an application for the name, saying companies are not allowed to trademark geographic locations. This would include the nickname “American Riviera” for the coastline near the Sussexes’ Montecito, California, mansion.
‘In particular, the current brand description indicates that the letter ‘O’ appears in the mark. However, the letter is now clearly visible or stylized in such a way that it is not recognizable as a letter. Furthermore, the description is incomplete because it does not describe all the elements in the mark.’
But the office is lending Meghan a helping hand when she is stuck with what the office suggests is a more accurate description of the current picture.
It states: ‘The following description is proposed, if accurate: The mark consists of a double-lined octagon enclosing the stylized and overlapping letters ‘AR’ and containing decorative and looping lines. The final ‘A’ contains a stylized flower at the top of the letter.’
The same document took issue with Meghan’s descriptions of some of the goods she plans to sell, saying they are “too broad”. These include “bath soap, cocktail napkins, pans, cooking utensils, namely forks, colanders, spoons, spreaders, spatulas, whisks, tongs”.
The descriptions of ‘yoga blankets, meditation blankets’ were also critically reviewed. It was indicated that the correct classification for the office should be ‘gift wrapping paper of fabric or textile’.
Meghan’s application includes stationery sets, including letter openers, envelopes, printed note cards, printed holiday cards, greeting cards, invitations, recipe cards and embossed lettering. The final document proposed additional wording to clarify the classification.
The Duchess of Sussex launched a publicity campaign for American Riviera Orchard in March by sending 50 jars of “homemade” strawberry jam to celebrities. Each jar was labeled with a number from the batch.
Her latest setback for the company follows previous blunders and failures in acquiring the rights to its podcast brand Archewell last year.
Furthermore, the USPTO’s August 31 denial of the name revealed a number of problems with the filing, including Meghan’s agents failing to sign the proper documents.
Now, the USPTO is questioning the way Orchard’s “O” is depicted on the company’s intricate, swirling logo, which is intended to boost Meghan and Harry’s fortunes after their $20 million deal with Spotify expires.
The knockback even included a screenshot of a product from another Santa Barbara company that was already using the term “American Riviera.” It showed that the site sbcoastalcandles.com is selling an “American Riviera” candle for $34.95.
“Registration is refused because the applied-for mark is primarily geographically descriptive,” the USTPO said in its application.
Commonly used nicknames for geographic locations are generally considered equivalent to the actual geographic name of the identified place.
‘American Riviera is a common nickname for Santa Barbara, California.’
The decision could throw a spanner in the works for the launch of Markle’s controversial brand, which was reportedly set to go live later this year.
According to her trademark filings, Meghan, 43, plans to sell tableware, drinkware, carafes, kitchen textiles and pantry items including jellies, jams, marmalades and spreads.
Her trademark application has already suffered a nasty setback when the USPTO said she had failed to pay $11,382 in international registration fees and other “irregularities” that needed to be “corrected.”
DailyMail.com exclusively reported the first trademark issues last month.
The USPTO’s decision is not yet final, and Markle’s attorneys can still appeal and revise their application to try to get at least some of her products approved.
A source close to the Sussexes told DailyMail.com that some communication with USPTO is “routine and expected when filing trademark applications” and that they expected Meghan to file a response with the office shortly.
This is the second time her trademark applications have been rejected.
In August 2023 the duchess abandoned a bid 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 to find a CEO for Meghan’s new homewares and lifestyle company, though sources close to the duchess have insisted she is happy to run the business herself.
And she also has to deal with a constant revolving door with her staff.
The insider told Closer Magazine that Prince Harry and his wife were “the strictest bosses” with a high staff turnover.
“The numbers don’t lie and for nearly 20 staff members to resign based on these numbers is a story in itself,” the source told Closer. “It’s unprecedented, even for a startup.
In a “non-final action” document, the USPTO writes that the application has been reviewed by an examining attorney and: “Applicant must file an amended description of the mark that matches the mark on the drawing.
“The current description is inconsistent with the mark on the drawing and is therefore incorrect. Descriptions must be accurate and identify only the literal and design elements that appear in the mark,” the document states.
‘The harsh reality is that Harry and Meghan are incredibly strict leaders. They are very demanding and difficult to work for. That rubs a lot of people the wrong way.’
However, a source close to the Sussexes has denied this claim.
Notable figures to leave the Sussexes included Meghan’s personal assistant Melissa Toubati in 2018, shortly after their wedding; Meghan’s female bodyguard in January 2019; senior communications secretary Jason Knauf in March 2019; and Queen Elizabeth’s former aide and Meghan’s private secretary Samantha Cohen in October 2019.
Knauf was later revealed to be the source of the bullying complaint against Markle, leading to a palace investigation.
No details of the outcome of the investigation were released and the Sussexes strongly denied all allegations of bullying.
The couple’s head of PR, Sarah Latham, resigned when Harry and Meghan decided to leave the UK in 2020. The palace’s 14 other staff members were also let go at the time.
And American PR expert Christine Weil Schirmer joined the Sussexes as head of communications in 2020, but quietly left late last year.
Last month, their chief of staff, PR guru Josh Kettler, resigned after just three months on the job, becoming the latest staffer to leave the Sussexes. The decision was reportedly a “mutual” agreement at the end of Kettler’s trial period.