What is the issue with Meghan Markle's lifestyle brand (solely from a trademark perspective)?

In March 2024, Meghan Markle filed a trademark application with the United States Patent and Trademark Office (USPTO) for the brand name “American Riviera Orchard.” Based on the filings, Markle intends to use the name to sell a wide range of household and food items, including home décor, ceramicware, linens, honey, fruit preserves, etc.

On August 31, she hit her first obstacle when the USPTO issued a nonfinal office action refusing to register the name because it is “primarily geographically descriptive.” As you may or may not know, brand names that are too descriptive of the brand’s characteristics (in this case, the name is descriptive of where the brand’s goods geographically originated) are a trademark no-no. The USPTO cites that this applies to commonly used nicknames of geographic locations, such as “American Riviera” for Santa Barbara, where Markle lives.

Before Markle’s attorneys, Reed Smith LLP could respond to the office action, the proposed name took another blow from the beloved gift basket company, Harry & David. Harry & David's attorneys Neal & McDevitt, LLC filed a Letter of Protest (LOP) in late October, arguing that the name “American Riviera Orchard” is too similar to “Royal Riviera,” the name of Harry & David's trademark pears. Given the similar nature of the pears to goods that Markle intends to sell under the “American Riviera Orchard” brand, Harry & David argue that consumers will likely be confused between the two brands.

So, will Markle fight to use the name, or choose a new one?

With the office action and LOP, the odds are sadly stacked against her. Since she has not actually begun using the name in commerce, it is still ideal for her to rebrand. Unfortunately for Markle, due to her celebrity and early marketing initiatives, the public has already begun to associate the name “American Riviera Orchard” with her and might be confused by a switch-up.