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Once Upon a Trademark: Meghan Markle’s “As Ever” Rebrand

  • Writer: Jose Landivar
    Jose Landivar
  • 6 days ago
  • 4 min read

By: Jose Landivar, Counsel, Sisun Law PLLC


Meghan Markle, Duchess of Sussex, is one of the most recognizable public figures in the world. Following her departure from royal duties in 2020, Ms. Markle has undertaken various ventures in philanthropy, media, and business. One such venture is her lifestyle brand, initially launched as American Riviera Orchard (ARO), and later rebranded as As Ever. The brand’s evolution offers valuable insights into the complexities of trademark selection, clearance, and registration.


American Riviera Orchard: Trademark Challenges


In March 2024, Ms. Markle introduced her lifestyle and cooking brand, American Riviera Orchard, and filed trademark applications with the U.S. Patent and Trademark Office (USPTO) covering a wide range of goods and services, including food products and retail services. However, the USPTO issued refusals, finding that the mark was primarily geographically descriptive in certain classes. Specifically, the term "American Riviera" was considered a well-known nickname for Santa Barbara, California—Ms. Markle’s place of residence. The USPTO determined that consumers might mistakenly believe the goods originated from that region, particularly in relation to items such as jams and spreads.


In addition to the USPTO’s refusals, preliminary third-party challenges were submitted in the form of Letters of Protest filed by Harry & David, a gift basket company that owns registrations for the mark ROYAL RIVIERA, used in connection with products such as pears and candles. A Letter of Protest allows third parties to alert the USPTO to potential conflicts with existing trademarks during the application examination process. For unknown reasons, Ms. Markle's team expressly abandoned the American Riviera Orchard applications on March 1, 2025.


As Ever: Rebranding and Additional Hurdles


Following the withdrawal of the ARO applications, Ms. Markle introduced her rebranded lifestyle line, As Ever, on February 18, 2025. The launch coincided with the announcement of her Netflix series Love, Meghan. A new website—asever.com—featured an inaugural product collection, including raspberry spreads and herbal teas, which sold out within an hour of launch.


Trademark applications for As Ever were filed on September 18, 2024, by 2022 Trademarks LLC. These applications covered a broad range of goods and services, including home goods, food and beverage products (such as jams and cocktail mixes), and entertainment-related services such as television production, online retail platforms, and event invitation design.


Soon after the rebrand was announced, reports surfaced regarding potential conflicts. One involved an independent clothing label also called As Ever, previously known for its collaboration with the clothing retailer Madewell. In addition, the logo for As Ever—depicting a palm tree and two hummingbirds—prompted a response from the town of Porreres, Mallorca, Spain, which noted similarities to its municipal coat of arms and expressed an intention to request that the design no longer be used.


As Ever Logo v Porreres Coat of Arms
As Ever Logo v Porreres Coat of Arms

Key Takeaways for Brand Owners


Ms. Markle’s experience underscores several important principles of trademark law that are relevant to entrepreneurs and brand owners.


1. Strategic Trademark Selection


Trademarks identify the source of goods or services and must be distinctive to qualify for registration. Descriptive or geographically descriptive marks often face significant barriers to registration, as seen in the refusal of American Riviera Orchard. When developing a trademark, it is advisable to choose a name that is unique, non-descriptive, and unrelated to any specific geographic origin, unless that origin is essential and properly supported.


2. Plan for Brand Flexibility


It is important to consider how a trademark supports long-term business goals and potential brand expansion. While American Riviera Orchard was closely tied to a geographic location, As Ever is a broader phrase that may provide greater flexibility across diverse product and service lines.


3. Clearance Before Filing


Before filing an application or launching a brand, a comprehensive trademark clearance search should be conducted by experienced counsel. This includes reviewing federal, state, and common law uses—including domain names, social media accounts, and unregistered businesses. Identifying potential conflicts in advance can help avoid costly disputes or forced rebranding later.


4. Federal and International Registration


Once a mark is cleared, securing registration with the USPTO is the next step. A federal registration provides nationwide rights, allows use of the ® symbol, and puts others on notice of your trademark rights. For businesses with international ambitions, global protection should also be considered. Through mechanisms such as the Madrid Protocol, applicants can extend their U.S. trademark registration to over 100 member countries via a single application, or choose to file directly in each country depending on budget and strategic goals.


5. Enforcement and Maintenance


Trademark protection does not end with registration. Ongoing monitoring and enforcement are essential to maintaining the strength of the brand. In cases where potential conflicts arise, brand owners may explore strategies such as coexistence agreements, licensing, or oppositions. Enforcement must be balanced with brand reputation, especially for high-profile businesses.


6. Contingency Planning


Trademark setbacks can happen. Having backup names or logos prepared in advance can streamline the rebranding process if registration is refused or challenged. Strategic flexibility enables brand owners to respond quickly to legal obstacles and maintain momentum.


Conclusion


Building and protecting a brand is a multi-step process that involves strategic planning, legal clearance, and ongoing management. At Sisun Law, our team provides comprehensive support to businesses and individuals navigating the trademark process—from name selection and search to registration, enforcement, and rebranding.


If you have questions about branding or trademark protection, contact our team. We are here to guide you through the trademark process and help ensure that your brand is positioned for long-term success.


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