Meghan Markle's Brand Faces Trademark Trouble: The 'As Ever' Controversy Explained

Meghan Markle's Trademark Trouble

The Duchess of Sussex, Meghan Markle, is facing a significant setback with her newly launched brand, As Ever. Recent revelations indicate that she is banned from selling clothing under this brand name due to its similarity to a Chinese fashion retailer, ASEVER.

Trademark Application Denied

In October 2022, Meghan's legal team submitted a trademark application to the US Patent and Trademark Office (USPTO), aiming to sell various products, including apparel. However, in July 2023, the USPTO issued a 145-page ruling that partially denied her request, stating the names were confusingly similar.

Legal Hurdles and Brand Strategy

The USPTO's ruling stressed that the brands were identical in sound and nearly identical in appearance, leading to potential consumer confusion. This has prompted Meghan to revise her application, which now excludes clothing from the list of products.

As of January 2024, the revised trademark was approved. However, experts warn that if Meghan attempts to sell clothing under the As Ever brand, she may face legal action.

Future Plans for As Ever

Despite these challenges, Meghan's brand is set to launch in partnership with Netflix, which coincides with her upcoming lifestyle series, With Love, Meghan, premiering on March 4. This brand rollout is highly anticipated, but it has encountered multiple setbacks and controversies.

Public Reaction

Meghan's initial brand name, American Riviera Orchard, was rejected due to geographic trademark regulations and a claim from food company Harry & David. Furthermore, her brand logo faced backlash for alleged similarities to a Spanish town's coat of arms.

In her announcement video, Meghan hinted at frustrations with her previous restrictions, stating she had not been able to share her cooking and gardening tips for years, which some interpreted as a dig at the Royal Family.

Expert Opinions

Former BBC royal correspondent Jennie Bond commented on the unfair negativity surrounding Meghan, suggesting that while trademark issues are common in new ventures, they highlight the importance of thorough pre-launch research. She emphasized that Meghan's statements in her announcement were factual rather than resentful.

This ongoing saga illustrates the complexities of launching a brand, especially for someone in the public eye like Meghan Markle.