In a surprising twist for Meghan Markle, her trademark application for “American Riviera Orchard” has been officially rejected.
Joining me to unpack this legal debacle is DC lawyer John Witherspoon, who has some pointed insights about the issues at play.
If you thought the royal drama couldn’t get any wilder, think again.
Witherspoon’s initial reaction to the rejection letter was blunt.
He stated that the application was riddled with errors that no seasoned attorney should overlook.
One glaring mistake?
A missing signature.
Yes, you read that right—an unsigned application for a trademark.
This is basic stuff, and it’s hard to believe that someone with experience would let it slip through the cracks.
But that was just the tip of the iceberg.
The trademark office cited five major issues with Markle’s application.
The first hurdle was the requirement to disclaim descriptive wording.
Essentially, the trademark office pointed out that terms like “American Riviera” and “Orchard” are too geographically descriptive.
They’re saying that if Meghan wants to claim exclusive rights over these terms, she’s got to come up with something new or at least clarify that she doesn’t own the geographic names outright.
Witherspoon elaborated that Markle could file a statement saying she isn’t claiming exclusive use of those terms.
However, given her history of wanting control over her brand image, it’s unlikely that she’ll take that route.
Instead, she might prefer to go back to the drawing board and rethink her brand name altogether.
Moving on to the second issue, the trademark office flagged the logo itself.
The application described the letter “O” as part of the design, but the examiner found it nearly unrecognizable.
Witherspoon humorously noted that when he first saw the logo, he struggled to identify its elements, admitting that it looked more like something a bored middle schooler might doodle rather than a professional brand emblem.
The third concern raised by the trademark office was the identification of goods.
The office deemed the wording in the application too vague, suggesting that Markle needs to specify what exactly she’s trying to trademark.
This raises questions about the caliber of legal representation she’s secured.
Such fundamental mistakes are rarely seen in high-profile applications.
Witherspoon pointed out that the attorney handling Markle’s case is far from inexperienced.
She is a partner in a well-known firm with years of experience.
Yet, the numerous oversights in the application suggest a lack of attention to detail that is simply shocking for someone in her position.
Another red flag was the multiple class application requirements, which indicated that Markle’s application spanned more than one international class.
The trademark office requires applicants to list their goods in consecutive numerical order and pay appropriate fees for each class.
This oversight further complicates her situation and could delay the approval process significantly.
And let’s not forget the fifth issue—the unsigned application.
The trademark office clearly stated that the application wasn’t properly verified without a signature.
It’s a rookie mistake that raises eyebrows, especially considering Markle’s public persona and the stakes involved in her branding efforts.
Despite these setbacks, Witherspoon noted that the trademark office indicated this is a “non-final office action.”
This means Markle has the opportunity to address these issues and resubmit her application.
The examiner even provided suggestions on how to remedy the problems, which is somewhat encouraging.
However, whether Markle will take this chance to revise her application remains to be seen.
Given her past reactions to criticism, she may choose to overhaul her entire branding strategy instead.
This could lead to further delays and distractions, which are the last things she needs.
In light of all this, it’s clear that Markle’s journey in securing her trademark is fraught with challenges.
As the world watches, the stakes are high for her personal brand.
Will she adapt and overcome these hurdles, or will this be yet another chapter in the saga of Meghan Markle?
Only time will tell.
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