The Duchess of Sussex is encountering a series of hurdles in her attempt to launch her latest business venture. Meghan Markle faces significant challenges with her trademark application for “As Ever,” her new lifestyle brand that emerged after she was forced to pivot from her original concept. According to reports from the Daily Mail, the United States Patent and Trademark Office recently returned her application documents due to a surprisingly basic error: failing to sign the paperwork.
This signature oversight isn’t the first trademark-related setback for the entrepreneur and Netflix partner. After initially announcing “American Riviera Orchard” as her lifestyle brand in 2024, Markle has been navigating a complex regulatory landscape as she attempts to establish her presence in the competitive home goods and lifestyle market.
Signature Problem
The trademark issue stems from an apparent oversight where Markle neglected to include her signature on official documents submitted to the Patent and Trademark Office. Without this signature, the application cannot be “properly verified” according to trademark regulations. This mistake has temporarily stalled the application process while corrections are made.
Additionally, the trademark application was returned with requests for Markle to clarify what she meant by “various items” such as “serving jams and fruit preserves.” The United States Patent and Trademark Office has asked Meghan to list all goods and services “by their international class number” to properly categorize her product offerings.
Sources close to the situation have indicated this is a routine part of the process, stating, “As expected in any trademark application process, office actions have been received as part of the standard review. These are routine and anticipated. Responses for this particular office action, along with the necessary signatures, have already been submitted.”
Rebranding Journey
The journey to establish her new brand has been complicated by multiple trademark hurdles. Earlier this year, Markle announced she needed to rebrand from “American Riviera Orchard” to “As Ever” after encountering trademark conflicts. “There are tons of twists and turns — even with the name,” Meghan said in a recent interview, acknowledging the challenges in finding a suitable brand identity.
This isn’t the first time Markle has tried to trademark a lifestyle venture. She previously encountered similar issues with her lifestyle blog “The Tig” as well as with her Netflix podcast “Archetypes,” both of which reportedly had similar signature-related complications in their trademark applications. The experience has apparently been a learning process, with Markle noting, “I appreciate everyone who gave me the grace to make mistakes and figure it out.”
Logo Controversies
Beyond naming issues, the logo for “As Ever” has also generated controversy. A politician from Spain claimed the logo bears too close a resemblance to the coat of arms of Porreres, a small Mallorcan village. This potential similarity has raised questions about the design’s originality and whether proper due diligence was conducted during the creation process.
The logo emblem, featuring an ornate design that evokes a traditional heraldic style, has become a central visual element of the brand’s identity. However, the alleged resemblance to an existing coat of arms could potentially lead to additional complications if the similarity is determined to be too close for comfortable coexistence in the marketplace.
Challenges With Clothing Line
Perhaps the most significant trademark obstacle involves clothing products. The Patent and Trademark Office rejected Markle’s bid to sell clothing under the brand due to the existence of a Chinese clothing company called ASEVER. According to rejection documents, “The marks are identical in sound and virtually identical in appearance and are thus confusingly similar for the purposes of determining likelihood of confusion.”
This setback limits the brand’s potential expansion into apparel, which would have included items like aprons and other garments. For a new York-based clothing enthusiast like Markle, who has previously showcased an interest in fashion, this restriction represents a significant limitation on her business model. The trademark conflict with the established clothing company creates a boundary that Markle’s brand must navigate carefully.
Current Product Lineup
Despite these challenges, Markle is moving forward with product development. In partnership with Netflix, where she recently debuted a new show titled “With Love, Meghan,” the As Ever brand will feature her signature raspberry jam along with limited-edition wildflower honey with honeycomb. Prince Harry’s wife has also developed a range of products including crepe mix, herbal teas in varieties like lemon, ginger, peppermint and hibiscus, and shortbread butter cookies.
Many of these products showcase Markle’s connection to Santa Barbara, where she and the prince have made their home since stepping back from royal duties. The product selection appears to focus on artisanal, home-focused goods that align with the lifestyle aesthetic she has cultivated.
What’s Next for ‘As Ever’?
As Markle’s brand due diligence continues, her team will need to secure a fresh trademark that avoids conflicts with existing businesses. These ongoing trademark challenges illustrate the complexity of launching a new lifestyle company in a crowded marketplace. For Meghan’s brand to succeed, experts suggest Meghan’s team will need to carefully navigate the regulatory landscape while developing a distinctive identity that stands apart from competitors.
