Meghan Markle's plans for launching her new 'As Ever' brand hit a major roadblock due to trademark issues.
The Daily Mail reported that complications arose when her trademark application was found to be too similar to an existing Chinese brand, leading to a shift in her product lineup.
Initially, in October 2022, Markle's legal team filed a trademark application that encompassed a broad range of products. It included clothing alongside less traditional items such as jams and dog biscuits, aiming at a diverse market launch under her new brand.
The venture faced its first major challenge in July 2023. The US Patent and Trademark Office (USPTO) delivered a 145-page rejection notice, primarily concerning the inclusion of clothing in the application. They identified a conflict with 'ASEVER', a well-known fast fashion brand from Shenzhen, China.
The rejection document pointed out that 'As Ever' and 'ASEVER', despite different purposes, shared too much phonetic and visual similarity.
The USPTO highlighted, "The marks are identical in sound and virtually identical in appearance and are thus confusingly similar."
A Los Angeles trademark lawyer underscored the risks involved. "If she sells clothing under the 'As Ever' brand she risks being sued," reflecting the serious potential legal implications of proceeding with the original plan.
This led to a strategic pivot. Meghan's team revised their application, this time excluding clothing items completely. By January 2024, this revised application was approved, thereby allowing the brand to move forward, albeit without apparel.
Despite the setback, Meghan Markle's 'As Ever' brand successfully secured the trademark for non-clothing items. This range of products is set to debut in conjunction with her new lifestyle show on Netflix, 'With Love, Meghan', airing on March 4, 2025.
The products will be available at Netflix's physical stores and through their online platform, broadening the reach of her brand. To symbolically tie the brand to her personal life, the 'As Ever' logo beautifully integrates a palm tree and two hummingbirds, reminiscent of her children, Archie and Lilibet.
This venture appears to be a resilient pivot after the initial trademark strategy hit obstacles. The plan had evolved significantly since her first brand idea, 'American Riviera Orchard', faced its own set of challenges, including limitations related to its geographical naming and conflicts with other established trademarks.
Meghan's initial venture into branding reflected her proximity to and affection for the Santa Barbara area, often referred to as the American Riviera.
"Last year I had thought, American Riviera, that sounds like such a great name. It’s my neighborhood… it’s a nickname for Santa Barbara but it limited me to things that were just manufactured and grown in this area," she explained about her original choice.
However, in light of the trademark conflicts, both with 'American Riviera' and 'As Ever', her branding efforts have required significant revisions and strategic navigations.
Other players in the fashion industry have observed these developments with interest. Mark Kolski, owner of the New York-based 'As Ever' vintage brand, extended his gratitude to the community and new fans who have engaged with his brand due to the increased visibility caused by these high-profile trademark disputes.
"We are grateful for all the customers coast-to-coast and worldwide that have supported our venture," Kolski noted, appreciating both old friends and new acquaintances of the brand.
As the situation unfolds, it will undoubtedly provide valuable lessons on branding, trademark use, and the strategic shifts required when faced with legal hurdles in the business of fashion and lifestyle products.