Meghan Markle's attempt to launch a new brand has faced a significant setback due to trademark conflicts.

Markle, also known as the Duchess of Sussex, faced obstacles in launching her 'As Ever' brand due to preexisting trademarks, resulting in a revised brand scope that excludes clothing, as the Daily Mail reports.

In October 2022, Meghan Markle's legal representatives filed for a trademark with the U.S. Patent and Trademark Office (USPTO) for her new brand, "As Ever," intending to include a wide range of products, notably clothing. This move was aimed at establishing a firm footing in the lifestyle and retail sectors, leveraging her celebrity status.

However, by July 2023, the USPTO raised concerns about the similarity between "As Ever" and "ASEVER," a brand based in Shenzhen, China, known for supplying clothing to prominent retailers like H&M. The USPTO pointed out that the names "As Ever" and "ASEVER" were not only similar in appearance but also identical in sound, which could lead to consumer confusion, especially in the clothing category Class 25.

The trademark office decisively rejected the portion of Markle's trademark application that covered clothing, citing a "likelihood of confusion" as the primary reason. This prompted Markle and her team to revise their trademark strategy significantly.

Strategic Shift and New Brand Directions

In response to the rejection, Meghan's legal team resubmitted the "As Ever" trademark application in January 2024, this time excluding clothing from the list of products. This strategic shift was necessary to navigate the complexities of trademark laws and ensure the brand could move forward without legal hindrances.

The revised application was successfully approved, marking a pivotal turn in the development of the "As Ever" brand. Despite the setback in the clothing category, Meghan plans to launch her "As Ever" products in partnership with Netflix. These products will be available at standalone stores in major cities like Dallas and Philadelphia, as well as online, diversifying the brand's reach and potential audience.

Previously, Meghan had also faced challenges with another brand name, "American Riviera Orchard," which was intended to reflect her connection to Santa Barbara, known colloquially as "the American Riviera." However, the USPTO rejected this name due to policies against trademarking geographical names, and because of objections from the food company Harry & David, who claimed it was too similar to their Royal Riviera pear line.

Public and Personal Symbolism in Branding

The "As Ever" branding encompasses elements said to be deeply personal to Meghan, featuring a logo with a palm tree and two hummingbirds, potentially symbolizing her children, Archie and Lilibet. This choice of symbolism was further echoed by Prince Harry, who recounted seeing a hummingbird following Queen Elizabeth’s death, which he felt connected to the emotional resonance of the "As Ever" logo.

This personal touch not only personalizes the brand but also connects it with stories and sentiments that resonate with the public, potentially enhancing customer engagement. Following the trademark adjustments, Meghan expressed her experiences with naming ventures, highlighting the challenges and insights gained from her attempts to integrate her affinities and local ties into her brand names.

Mark Kolski, owner of a New York vintage clothing company also named "As Ever," expressed his mixed feelings about the situation. He appreciated the increased attention to his family-owned brand but also highlighted the overwhelming competition posed by a celebrity-endorsed venture backed by substantial resources such as those of Netflix, with which Markle and her husband have a production contract.

Legal Perspectives and Market Reactions

A Los Angeles-based trademark lawyer commented on the potential legal implications of the dispute, noting that selling clothing under the "As Ever" brand would expose Meghan to significant legal risks due to the preexisting trademark owned by the ASEVER brand.

With her upcoming lifestyle show With Love, Meghan, scheduled to launch on Netflix on March 4, Markle appears to continue integrating her identity into her professional projects, weaving her narrative into the fabric of her brand development and audience engagement strategies.

Despite these setbacks, Markle remains a prominent figure in the public and commercial spheres, her branding efforts reflecting a calculated approach to navigating the intricate landscape of intellectual property and market positioning.

Lessons to Learn

1. Thorough Market Research: Ensure comprehensive market analysis and trademark searches before finalizing a brand name to avoid potential legal conflicts and ensure brand uniqueness.

2. Strategic Flexibility: Be prepared to adapt business strategies in response to legal challenges and market feedback, which can crucially pivot the brand direction and opportunities.

3. Personal and Cultural Sensitivity: Consider the personal and cultural significance of branding elements to forge deeper connections with the audience, though always within the bounds of legal frameworks. Remember, crime can happen to anyone and we should never blame the victim for unexpected legal disputes.

Why This Story Matters

This case holds significant relevance for entrepreneurs and businesses in emphasizing the importance of intellectual property rights and the complexities involved in trademark laws. It serves as a cautionary tale on how even high-profile figures like Meghan Markle can face unexpected hurdles, highlighting the intricate balance between personal branding efforts and legal constraints.

In conclusion, Meghan Markle's journey through trademarking her brand "As Ever" illustrates the potential pitfalls in brand development and the importance of navigating legal challenges effectively. While she faced setbacks due to trademark conflicts, her ability to adapt and re-strategize showcases the complexities and resilience needed in modern brand management.