What’s your view on Megan and Harry?
The illustrious pair Meghan Markle and Prince Harry have once again found themselves at the centre of a trademark issue, raising concerns that are all too familiar in the world of intellectual property.
Their latest application for the term “American Riviera Orchard” highlights key principles of intellectual property—and the challenges that come with attempting to trademark overly descriptive terms.
Why can’t you trademark American Riviera Orchard?
Just like the phrase Lake District Hotel, the term American Riviera is widely known and commonly used.
When it comes to Trademarks, descriptive terms cannot be trademarked because they lack the distinctiveness needed to identify one specific brand. For example, imagine someone attempting to trademark “Butchers in London”—it’s far too general and could unfairly restrict others who are entitled to use the term.
This is not Meghan Markle’s first challenge with trademarks. A similar issue happened with her previous application for “Archetypes”, another word too broad and widely used to qualify for legal protection. The core issue here is a failure to meet trademark standards of originality and distinctiveness.
If you’re considering registering a trademark, it’s essential to understand the process and ensure your brand is protected. Our UK Trademark Registration service offers fast, reliable support to help you secure exclusive rights to your name, logo, or slogan in the United Kingdom.
The Purpose of a Trademark
Trademarks exist to protect unique and distinctive brands. They ensure that when you develop something original—whether it’s a name, logo, or slogan—others cannot copy or misuse it for their gain. By registering a trademark, you protect your reputation and prevent competitors from passing off your brand identity as their own.
In fact, this situation with Markle serves as a reminder that a poorly considered trademark application can lead to rejection. Before filing, businesses often benefit from a Trademark Clearance Audit. An audit ensures your application is strong and avoids common pitfalls like descriptive terms or words in public use.
Our Insight
The case of American Riviera Orchard highlights a common misconception: that a well-known name, public figure, or widespread term can guarantee trademark approval. However, trademark law is clear—descriptive or generic terms fail to meet the required distinctiveness.
For businesses, this underscores the importance of conducting thorough research and taking professional advice before filing an application. Developing a unique, memorable brand name not only protects your identity but also strengthens your market position.
Celebrity trademark disputes like Meghan Markle’s are not unique. Take Katy Perry’s own trademark conflict, which demonstrates how even prominent individuals can face setbacks when navigating trademark law. This underscores the importance of understanding the legal requirements and securing professional support.
And while Rachel Zane, Meghan Markle’s character in Suits, once claimed, “I am pretty much a legal superhero,” trademark law isn’t as simple as swooping in to save the day. Real-world applications require strategy, research, and careful execution—something we’re happy to assist with at The Trademark Helpline.
At The Trademark Helpline, we’ve seen how overlooked mistakes—like attempting to trademark overly descriptive names—can cost businesses both time and money.
Protect Your Brand Today
If Meghan had come to us, we could’ve spared her blushes and helped her avoid these trademark mistakes.
At The Trademark Helpline, we specialise in guiding businesses and individuals through the trademark process. Our comprehensive Brand Audits ensure your application is strong, distinctive, and free of common mistakes—giving you the best chance of success.
Get started today with a free consultation and make sure your trademark journey is less like Meghan and more like Rachel Zane—doing it right the first time.
Questions about this
Why is ‘American Riviera Orchard’ hard to trademark?
‘American Riviera’ is a widely known and commonly used term, much like ‘Lake District Hotel’, so it lacks the distinctiveness needed to identify one particular business. Descriptive terms cannot usually be registered because they would unfairly restrict others who are entitled to use them. Meghan Markle faced a similar issue with an earlier application for ‘Archetypes’, another word considered too broad and widely used.
Answered by Jonathan Paton, Founder & CEOCan you trademark a descriptive name?
Not usually on its own. If a name simply describes what is sold or where, such as ‘Butchers in London’, nobody gets to own it, because others are entitled to use those words. There is an exception where years of trading mean the public already associates the term specifically with one business, known as acquired distinctiveness, but it needs real evidence to succeed.
Answered by Jonathan Paton, Founder & CEOHow can I check a brand name is distinctive enough before applying?
A trademark clearance audit before filing reviews whether a name is distinctive and whether earlier rights could block it, helping to avoid common pitfalls such as descriptive terms or words already in public use. Advice at this stage costs far less than a refused application. Developing a unique, memorable name also strengthens a brand’s market position, as well as its chances of registration.
Answered by Jonathan Paton, Founder & CEO
