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Meghan's American Riviera Orchard trade mark - not quite the setback that the media suggests

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Meghan, the Duchess of Sussex, has received a significant amount of attention for her new ‘American Riviera Orchard’ brand that has so far been used on jams ahead of a formal launch next year as a lifestyle brand.

The Duchess has been sensible and applied for various trade marks in a number of territories ahead of launch through the company Mama Knows Best, LLC. Her applications include two filed using the International Registration (IR) system (also known as the Madrid Protocol) through the World Intellectual Property Organization (WIPO), which allows the filing of a single application to cover multiple territories of interest.  An IR is initially examined by WIPO, and then each country designated under an IR is examined by the national registries. 

As with many trade mark applications, an examination report was issued by WIPO in relation to fairly minor issues, requiring amendments to the list of goods and services covered. 

Whilst there have been reports of fees being due in the order of CHF 11,382, the examination report confirms this sum has already been paid to WIPO.

The specification issues will not impact the launch of ‘American Riviera Orchard’ branded goods and services, and will likely be swiftly dealt with.  The IR will then be processed by the national registries covered, which are currently Australia, Canada, the EU, the UK and New Zealand. There are also applications in the US.

This is not therefore a setback to the Duchess, but a useful reminder that it is good practice to file trade marks before launch where possible.

It is also interesting to see the breadth of coverage for the ‘American Riviera Orchard’ brand, with the IR covering a range of household and garden goods, along with “collars for pets”, “meditation cushions”, “jars for jams and jellies of crystal”, “Yoga bolsters; yoga straps” and a range of food and drink products. 

No doubt the progress of the trade marks, and the launch of the ‘American Riviera Orchard’, will be closely watched!

Meghan Markle’s new lifestyle brand American Riviera Orchard has suffered a setback ahead of its official launch following the discovery of trademark “irregularities”.

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