Sean Mandell
Meghan Markle’s lifestyle brand, American Riviera Orchard, faces another trademark setback as it tries to get off the ground.
Just days after being denied a trademark for the brand name by the US Patent and Trademark Office (USPTO), the company has now faced a challenge from the government over its logo.
The issue, however, comes down to how the logo is described in the application rather than the logo design. The trademark office took particular issue with what they view as a disparity in how the letter “O” appears and is represented in a written description.
“Applicant must submit an amended description of the mark that agrees with the mark on the drawing,” the USTPO wrote in their “non-final action” document, according to Daily Mail.
“The current description is inconsistent with the mark on the drawing and is thus inaccurate. Descriptions must be accurate and identify only those literal and design elements appearing in the mark.”
The document added, “In particular, the current mark description indicates that the letter ‘O’ appears in the mark. However, the letter is now clearly visible or highly stylized that it is unrecognizable as a letter. Furthermore, the description is incomplete because it does not describe all the elements in the mark.”
However, the trademark body gave Markle’s brand advice on how it might amend its application.
“The following description is suggested, if accurate: The mark consists of a double lined octagon enclosing the stylized and overlapping letters ‘AR’ and incorporating decorative and looping lines. The latter ‘A’ contains a stylized flower at the top of the letter,” the trademark office stated in their reply to Markle’s application.
The document also flagged some descriptions for a handful of goods American Riviera Orchard plans to sell as “too broad.” Descriptions for bath soap, cocktail napkins, pans, cooking utensils, namely forks, strainers, spoons, spreaders, spatulas, whisks and tongs, were among those needing an edit.
A source confirmed to The Post that American Riviera Orchard has received several office actions as part of its ongoing trademark application. However, they noted that such notes are routine and expected when filing for trademarks.
The Post understands that American Riviera Orchard will respond to the USPTO’s document in due course.
The company’s logo trouble follows pushback from the trademark office over the brand’s name.
On August 31, the USTPO responded to American Riviera Orchard’s trademark application, writing that businesses cannot trademark geographical locations — a problem because “American Riviera” is synonymous with Santa Barbara, California.
“Registration is refused because the applied-for mark is primarily geographically descriptive,” the USPTO document stated.
“Commonly used nicknames for geographic locations are generally treated as equivalent to the proper geographic name of the place identified,” the board said, adding, “American Riviera is a common nickname for Santa Barbara, California.”
The USPTO also said that adding the word “Orchard” to the brand name “does not diminish the primarily geographical descriptiveness of the applied for mark.”
Amidst all the trademark drama, there has been speculation that Markle may change the name of her brand.
“The team are thinking of backups as we speak just in case,” a source reportedly told The Express.
Markle unveiled her new business venture in March. A launch date has not been announced, though it’s reported that products could become available as soon as the end of the year.
Before marrying Prince Harry, the Duchess had a lifestyle blog called The Tig. She shuttered it shortly after the pair became engaged.
This post was originally posted by NYPost
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