Meghan Markle's Brand 'As Ever' Runs Into Another Legal Trouble As US Patent Office Blocks Clothing Sales Over Name Dispute
Meghan Markle's new brand, "As Ever," has suffered its first legal blow. The US Patent and Trademark Office (USPTO) has denied her attempt to sell clothing under the brand name.
In a ruling spanning hundreds of pages, the decision cited concerns over potential consumer confusion with an already-existing Chinese clothing seller.
According to official filings, the Duchess of Sussex filed for the trademark in October 2022 to sell various goods, including clothing, jam, aprons, and pet treats.
However, in July 2023, the USPTO ruled that "As Ever" was too similar to ASEVER, a Shenzhen-based company that sells clothes to major retailers like H&M.
A Decision by USPTO on Similarity Between Names
However, documents obtained by the Daily Mail show that the trademark office rejected the request—but only for clothing items that fall under the "Class 25" citation. Authorities found the two brand names were "identical in sound" and nearly identical in appearance, so confusion among consumers was inevitable.
However, due to this legal issue, in January 2024, Markle's legal team filed to amend the application by removing clothing from the goods identified in the application. The trademark then went on to be approved, but that also means the former "Suits" star wouldn't be able to legally sell apparel under the name As Ever unless she goes on to take more legal action.
Possible Legal Risks for Meghan's Brand
A trademark expert in Los Angeles told the outlet that someone could sue Markle if she sells clothing under "As Ever."
That is what happens when another company has already trademarked the same name but in a category that does not compete with what the first company is doing.
"If she sells clothing under the 'As Ever' brand, she risks being sued," one of the experts warned, per the outlet.
This new obstacle comes on top of the large number of issues surrounding Markle's Netflix brand, which is set to launch soon.
"With Love, Meghan," a lifestyle project, will launch in March. The influencer will showcase her cooking and apply her experience in gardening and crafting.
It is not the first time Markle has fought over a trademark. The USPTO rejected her original brand name, American Riviera Orchard, on the grounds that geographic locations cannot be trademarked. Gourmet food company Harry & David also opposed the name, claiming it sounded too much like its "Royal Riviera" branding.
Outside of legal battles over trademarks, Markle's As Ever label has also been criticized for its logo. Not long after her iconic image was unveiled, the Mayor of a town in Mallorca, Spain, accused her of plagiarizing the town's traditional coat of arms with the exact depiction of a palm tree and two birds fighting on either side.
As Ever also happens to share its name with a New York-based clothing brand, which could potentially cause this business venture even more legal trouble.
