Meghan Markle’s recent trademark battle over her lifestyle brand, “As Ever,” proves that even high- profile figures with legal teams can run into serious intellectual property issues. If she can run into legal obstacles, business owners without legal guidance are even more at risk. Trademarks are not just a formality. They protect your brand, reputation, and bottom line. A single misstep can lead to costly legal disputes, forced rebrands, and business setbacks. Understanding where things went wrong here can help you avoid the same mistakes.

One of Markle’s missteps was an incomplete trademark application. The USPTO requires applications to be complete and specific, with clear classifications for goods and services. An incomplete application filing can lead to delays, rejections, and additional fees.

Another major issue appears to be failing to conduct a thorough trademark search and considering potential refusals before settling on a name. Markle’s brand was originally called “American Riviera Orchard,” but it faced challenges since the phrase “American Riviera” is geographically descriptive. A trademark that includes a location (and even a nickname of that location) that is generally known is not allowed to be registered on the main trademark register. Additionally, she received a challenge from the owner of the trademark ROYAL RIVERIA. These hurdles forced a costly rebrand to “As Ever.” Changing a brand name midstream means redoing logos, packaging, marketing materials, and web domains, all of which could be costly. A proper trademark search and analysis from the start saves time, money, and stress.

Now, “As Ever” faces another legal roadblock. A Brooklyn-based clothing brand has already been using the name, meaning Markle’s business could run into serious trademark conflicts. Priority for trademarks in the United States is based on use of a trademark, not who files it first. While it is extremely beneficial to obtain a trademark registration, if someone is using a trademark in commerce, they may have priority rights to use the trademark, at least in their geographic location. Before settling on a name, it is critical to verify that it is not already in use, especially in your industry or a related one. Large and small companies alike have been forced to rebrand after receiving cease-and-desist letters from trademark owners. The cost of defending a name in court can far outweigh the cost and effort of choosing an available one from the start.

Trademarks do not just protect names. “As Ever” also faced scrutiny for a logo that closely resembles an emblem from a town in Mallorca, Spain. Even if a small municipality cannot easily sue, the bad press alone can damage consumer trust. Trademarks cover more than just words. They also protect logos, slogans, and unique design elements that define a brand’s identity. A strong brand is built on originality, and failing to properly vet all aspects of a trademark can lead to legal disputes, public relations nightmares, and costly redesigns.

Markle’s trademark troubles prove that no one is immune to intellectual property challenges. Whether you are launching a new business or expanding an existing one, working with an experienced trademark attorney can help you avoid legal roadblocks and protect your brand from costly mistakes. If you are thinking about trademarking a name, logo, or slogan, contact our attorneys here.