The British media has developed a zeal for mundane American licenses and trademarks in the past five years. There has been a lot of ink spilled over the name Archewell, over Meghan’s Archetypes podcast, and now American Riviera Orchard. ARO is Meghan’s lifestyle brand which will hopefully be launched later this year. Meghan already has an ARO Instagram and she already sent ARO jam-baskets to friends, but we’ve yet to see one ARO product for sale. Well, now the Telegraph reports that the US Patent and Trademark Office has refused the trademark for “American Riviera Orchard.”
The Duchess of Sussex’s application to trademark the name of her new commercial venture, American Riviera Orchard, has been refused. The US Patent and Trademark Office (USPTO) warned that businesses cannot trademark geographical locations, noting that American Riviera is a “common nickname” for Santa Barbara, California, where Prince Harry and Meghan live. It said the addition of the word Orchard “does not diminish the primarily geographical descriptiveness of the applied for mark”.
The USPTO warned that the descriptions of the Duchess’s products could fit into multiple trademark categories, stating that “cocktail napkins” could be paper or textiles, while “cooking utensils” could be manual or electric.
The 46-page document, filed on Saturday, included screenshots of another Santa Barbara company using the term “American Riviera” to sell a specific candle and several web pages demonstrating that Santa Barbara is widely known as the American Riviera. It said that because the location was the brand name, “a public association of the goods and services with the place is presumed”.
The Duchess was given three months to address the “non-final officer action” by the USPTO, or face having her application dropped. She must also pay an additional $700 (£532) to move forward with the request.
The Sussexes’ office considers such actions “routine and expected” when filing for trademarks. It expects to respond in due course. One option is to simply submit a disclaimer, confirming that no claim is made to the exclusive right to use “American Riviera”.
It comes after the Sussexes’ attempt to trademark Archetypes, the name of Meghan’s podcast, was rejected by the USPTO due to the “likelihood of confusion” with other brands.
It would be wild to see these journalistic standards applied to all celebrities who attempt to trademark various phrases or names. Taylor Swift has so many failed trademark applications, they could fill a book – remember when she tried to trademark “welcome to New York”?? Anyway, yeah, this is all boilerplate trademark law and Meghan will figure out some workaround.
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Well this certainly could explain the delay in getting products out?
And honestly, I kinda hope she changes the name anyway lol American Riviera Orchard is quite a mouthful. But that’s just one persons opinion – I hope it all works out for her however she wants.
Yes. Kind of struck me as too many syllables that didn’t flow naturally. Maybe they’ll choose something catchier.
It’s a mouthful but i kind of think it’s a little too late for a name change. And i think it would also come across within the greater public as a bit chaotic. As if she can’t make up her mind or something
someone here suggested The Riv a long time ago and that’s what I call it in my head
From how I read it, she can use the name for her business, but not trademark it. As the article states, there’s already a business with the name of American Riviera selling candles.
This is interesting to me due to the reaction of folks here in Hawaii when somebody managed to trademark the name ‘Aloha Poke’ for their restaurant. They were sending letters to other restaurants with ‘Aloha’ in the name to change names or face the consequences. How the heck did the patent office allow somebody to trademark ‘aloha’ but not ‘American Riviera’?
IP attorney here. Doubtful that it will delay. The mark has to be in use to be registered.
But it’s probably helpful to understand how Patent and Trademark Examiners are paid. They have to earn a certain number of points each month. Each office action they issue is a point. Therefore, they are incentivized to issue at least one office action before allowing an application.
I haven’t looked at the office action, but it sounds pretty run of the mill. It sounds like the office is requesting a disclaimer and a clarification to goods and services.
Maybe just go by ARO. It can be stated what it stands for. But people are used to acronyms for products and companies. ELF, DKNY, KFC, etc.
This is so funny omg the reason I stayed away from this stuff in law school is because it could put you to sleep in 5 minutes flat. Trademark law is all pedantic stuff like this. But it it is Meghan then fill up the trash mags with it lol.
First they got a lesson in American immigration visas and privacy laws. Now they are wading into trademarks and patents. Maybe these royal rats should just pay for an American law degree? Wouldn’t be as much fun for us though.
They took a sidestep into setting up LLCs in Rhode Island, too.
68% of trademarks are rejected (and that’s with an attorney). 81% of self-filed applications are rejected. By putting the name out there early, maybe possible to shorten it to just ARO since it would be in people’s minds already as the full name?
I think just calling it ARO is a smart move. It’ll be a little hard to change the name completely now.
This may be an unpopular opinion but I’ve always thought she should just call her brand The Tig again. It reinforces that she’s self-made and imo it sounds way better and more modern
The Tig was shortened from Tignanello wine, so it might be problematic marketing products under the name.
@Tina E … I totally agree with you. The Tig is something that was already identified as her brand. If no products have been manufactured, it would be a wonderful option. She could call it ‘The Tig Orchard’ or simply ‘Tig Orchard’. 🙂
@equality … ‘Tig’ has several meanings and is associated with many things. It is not just something specific to Tignanello wine even though Meghan has said the inspiration came after sharing a bottle of good Tignanello wine,
Maybe that’s the problem also if it is associated with other meanings and things it might be hard to trademark also for purposes outside her blog. Does she have “Tig” trademarked or “The Tig”?
Archewell was first rejected; so was Archethype. You know what else was rejected? Apple (now the richest company in the world) Prada, Nestle, Adidas, Burger King, to name a few. So please, let’s not start drama. Let’s leave that to the desperate losers in the British royal family, acting through their tabloid minions. It will get sorted out.
I wondered why she went with “American Riviera”. The Orchard part made sense, but I’d never heard the “American Riviera is a “common nickname” for Santa Barbara, California. Honestly, it’s not a very memorable company name for me. I wish she’d picked something shorter and easier to remember.
The nickname has exited for years for Santa Barbara.If you Google American Riviera Santa Barbra is what pops up (besides Meghan) so I get why she chose it. ARO would be a great workaround.
Yep and there’s even an area in Santa Barbara *called* the Riviera
I’ve lived in Southern California for four decades. The American Riviera has been a well known and long-standing nickname for that beautiful, prosperous region.
I’m with BW. This maybe a ‘well known nickname’ in and around California for Santa Barbara but here in the Midwest I have never heard of it either. It certainly makes more sense.
What a non story..
She really should have had the name trademarked before creating the logo and sending out the jam. And I HATE to ever criticize her.
Regardless of the name they eventually choose, I will be there with my open wallet.
Are you sure about that? LOL.
Do you seriously think she’ has boxes and boxes of unopened jam sitting out and about? Do you even know if she’s gonna be selling jam?
Amazingly they don’t even mention the rejected trademark application made but the royal foundation of angry and missing.
I forgot the Royal Foundation is trying to trademark their name in the US.
Hahahahahahahah the Angey and Missing caught me right in the funny bone lol. What a perfect name for the House of Windsor as a whole
Considering the British press hasn’t made a big deal about this I think they know it is a non-story. Maybe they’ve learned their lesson after overreacting about Archewell’s so-called delinquency. I just wish they were more eager to find out what’s going on with the tax-funded royals instead of Harry and Meghan.
Can’t do that, the working royals are all perfect, aren’t they?
What’s it like to be so famous that your business trips, trademark paperwork, and whether you water your lawn is global news? And the true gag is that while the rota desperately latch onto any miniscule scrap of news they can find they’ll call the Sussexes irrelevant lol.
Good thing I don’t get US trademark law.
I mean, Land’s End (Cornwall), Patagonia (Chile and Argentina) — or Boston Technology and Boston Dynamics.
But at least it keeps the Torygraph and the rest of the British trash papers busy until they can manufacture a new Sussex-related scandal. Have we heard anything about Travalyst recently? Or Diana Awards… the possibilities are endless.
If they only cared about the Left-Behinds nearly as much, or about the mess the Tories made.
Ha! Yeah, all the Bear Creek this n that’s, and Crater Lake this n that’s, in Southern Oregon is a real head-scratcher! Maybe they’re not trademarked? Just named?
BeanieBean, are you a SO celebitchy as well?? I got so excited when I saw all the place names you mentioned, all of which are pretty much in my backyard 🙂
O, yawn. and, really?
I do think it’s a mouthful of a name ..
This is not a rare event .
Nope, it’s not.
Speaking as someone who owns a trademark for business, I spent many an hour going back and forth with my attorney over which products I wanted my trademark to encompass. It’s mind numbing detailed drudge work. It also takes a bit of time—it was a six month wait before receiving notice my application had been reviewed and the trademark registered.
Stop the presses! Routine occurrence just happened to Meghan.
If this did not happen a lot patent attorneys would be out of business
You don’t need to have something trademarked to sell a product though it’s beneficial. Lots of celebs do this/have gone through this process…
Also lebron james had taco Tuesday rejected but they they’re lawyer said it was so they don’t get sued for using the phrase in marketing, podcasts, etc. it eventually allowed them and Taco Bell to use it everywhere except in New Jersey where it’s specifically trademarked.
Beyoncé is still in court fighting trademark applications from years ago.
This is not a big deal and very standard procedure.
Taco Tuesday is trademarked in New Jersey?! That’s wild!
“It would be wild to see these journalistic standards applied to all celebrities who attempt to trademark various phrases or names. Taylor Swift has so many failed trademark applications, they could fill a book – remember when she tried to trademark “welcome to New York”?? Anyway, yeah, this is all boilerplate trademark law and Meghan will figure out some workaround.”
That’s all I really need to know.❣️
Hey, remember when Kylie Jenner tried to trademark the Kylie name and Kylie Minogue sued her for it and won ? Good times.
That’s all you really need to say
“It would be wild to see these journalistic standards applied to all celebrities who attempt to trademark various phrases or names. Taylor Swift has so many failed trademark applications, they could fill a book – remember when she tried to trademark “welcome to New York”?? Anyway, yeah, this is all boilerplate trademark law and Meghan will figure out some workaround.”
That’s all I really need to know ❣️
I didn’t like it, sounded like word salad. I even prefer American Orchard which is basic and probably taken or not possible. Archewell Orchard? If their home is a permanent one and it probably isn’t.
I am certain they have plenty of attorneys who will work it all out and all will be well.
At this point it’s clear the Rota just sits and waits with baited breath for ANYTHING they can attack. How exhausting.
They must all be pure joy to live with.
Well, huh.
I’ve been buying products from “Santa Barbara Olive Co” for YEARS. And “Seattle’s Best Coffee” and “Rocky Mountain Fudge.”
They really do not know how patents and trademarks work, and they definitely don’t know the US. It took me and my team a couple of patent submissions until the USPTO granted one for us. And then a few years later, 2 more were granted. We don’t give up in this country as there’s always opportunities to improve.
Their happiness is enjoying misery and failures.
Archwell Orchards, still conforms to ARO