Understanding Trademark Rejections: The Case of American Riviera Orchard
Trade mark applications can be a complex and sometimes challenging process, as recently demonstrated by Meghan Markle’s attempt to register her lifestyle brand, American Riviera Orchard, with the U.S. Patent and Trade mark Office (USPTO). We previously wrote, back in April, about how the UK domain for American Riviera Orchard has been purchased by a do-gooder who had put a link to food charity, Trussell Trust on it. Back in April 2024 the link on this domain had raised £21,000 at the time of writing, that is now just under £26,000.
Markle’s trade mark application hit a significant roadblock when the USPTO refused the trade mark, citing that it was “primarily geographically descriptive.”
So, what does this mean, and what can businesses learn from this?
Geographic Descriptiveness and Trademark Law
One of the key reasons behind the refusal was that “American Riviera” is commonly associated with the Santa Barbara, California region—where Markle resides. Under trade mark law, geographical names are generally not allowed to be trade marked, especially when they describe the origin of the goods or services. The rationale is simple: these names should be available for use by all businesses in the same region, ensuring fair competition.
In Markle’s case, the USPTO found that the addition of the word “Orchard” did not sufficiently distinguish the brand name from the well-known geographical location. The office stated that consumers would likely associate the brand’s products with the Santa Barbara area, leading to potential confusion about their origin.
What Can UK Businesses Learn from This?
For UK businesses looking to protect their brand names and intellectual property, the lesson is clear: avoid using geographical locations in trade marks unless they are entirely unrelated to the goods or services you offer. This case highlights the importance of conducting thorough research before filing any trade mark applications, both in the UK and internationally.
At National Business Register, we help businesses navigate these complexities with ease. Whether you’re looking to protect your business name, logo, or product line, our experts can guide you through the trade mark process and ensure your application is as strong as possible.
Why Business Name Protection is Crucial
While the trade mark process can sometimes present challenges, protecting your business name from potential misuse or infringement is vital. Our Business Name Protection service helps safeguard your brand against passing off and other forms of infringement in the UK, providing you with the peace of mind to grow your business.
If you’re considering registering a trade mark or simply want advice on how to protect your brand, we’re here to help. Don’t let the intricacies of intellectual property law stand in the way of your business success—reach out to National Business Register today at Info@nbrg.co.uk or by calling 0800 069 9090
