Celebrities

Meghan's 'As Ever' Brand Hits Trademark Snag

Published 2 months ago on Feb 23, 2025

Meghan Markle's "As Ever" Brand Faces Trademark Troubles, Clothing Line Blocked.

Meghan Markle's highly anticipated lifestyle brand, initially dubbed "As Ever," has hit a significant snag, with the United States Patent and Trademark Office (USPTO) blocking the sale of clothing under that name. This setback comes as the Duchess of Sussex prepares to launch her new Netflix series, "With Love, Meghan," and associated product line. The trademark issue, coupled with previous branding challenges, underscores the complexities of building a global brand.

The "As Ever" name, intended to represent a range of products from homeware to food items, ran into trouble due to its similarity to ASEVER, a Chinese fast-fashion company based in Shenzhen. ASEVER, a supplier to major high street retailers, already holds rights to the name in the clothing category. Documents obtained by the Mail on Sunday reveal that Meghan's legal team, having filed a trademark application with the USPTO in October 2022 for a broad range of "As Ever" products, including clothing, aprons, jams, and even dog biscuits, received a 145-page "partial rejection" in July 2023.

The USPTO's rejection specifically cited the clothing category (Class 25), stating that 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 effectively barred Markle from using the "As Ever" name for any clothing items. The USPTO paperwork explicitly stated, "Registration of the applied-for mark is refused because of a likelihood of confusion."

Faced with this rejection, Markle's legal team revised the application in January 2024, removing all mentions of clothing. The revised application, focusing on non-clothing items, was subsequently approved. A Los Angeles trademark lawyer commented on the situation, stating that if Markle were to proceed with selling clothing under the "As Ever" brand, she would risk legal action from ASEVER.

This isn't the first trademark hurdle Markle has encountered in her brand-building efforts. The initial name for her brand, "American Riviera Orchard," was also rejected by the USPTO. The reason for this rejection was the prohibition against trademarking geographical areas. Furthermore, food giant Harry & David objected to the "American Riviera Orchard" name, arguing that it was too similar to their "Royal Riviera" line of pears.

Markle explained in an Instagram post that "American Riviera" is a nickname for Santa Barbara, California, the location of her and Prince Harry's $14.5 million home in the exclusive Montecito area, where their neighbors include celebrities like Oprah Winfrey, Kevin Costner, and Katy Perry. She acknowledged the limitations of the name, stating, "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."

The "As Ever" name itself also sparked controversy upon its unveiling. Mark Kolski, owner of a vintage clothing company called "As Ever" in New York since 2017, acknowledged the newfound attention to his small business. He expressed gratitude to his existing customers and welcomed new ones, while also noting the vast difference in resources between his family-run operation and Markle's venture backed by Netflix. Kolski confirmed that he had never trademarked the "As Ever" name, citing the limitations of his small business.

Adding another layer of complexity, the Spanish village of Porreres in Mallorca has threatened legal action against Markle. Civic leaders in Porreres claim that the "As Ever" logo, featuring a palm tree with two hummingbirds, infringes upon the town's traditional coat of arms, which dates back to 1370. The Porreres coat of arms also depicts two birds flanking a palm tree. Prince Harry has previously mentioned seeing a hummingbird after the death of his grandmother, Queen Elizabeth, adding a personal significance to the symbol.

The "As Ever" product line is slated to be sold in conjunction with Markle's new Netflix lifestyle show, "With Love, Meghan," which premieres on March 4. The products will be available at pop-up Netflix stores in Dallas and Philadelphia, as well as online through both Netflix's shopping site and Markle's own website.

The trademark challenges faced by Markle highlight the importance of thorough trademark research and due diligence in brand development, especially when launching a global brand. The clash with ASEVER underscores the potential pitfalls of choosing a name already in use, even if the businesses operate in different market segments. While Markle's team has successfully navigated some trademark hurdles, the ongoing issues surrounding her brand name and logo suggest that the journey to establishing her lifestyle brand is proving more complex than anticipated. The Chinese company, ASEVER, could not be reached for comment.

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