Duchess of Sussex’s American Riviera Orchard trademark in a jam

Posted: 01/10/2024

The Duchess of Sussex’s lifestyle brand, American Riviera Orchard, has hit a stumbling block following the US Patent and Trademark Office’s (USPTO) partial refusal of a trademark application made by her company, Mama Knows Best LLC, in respect of the brand name. The USPTO’s decision leaves the brand, which has already been soft-launched and put its name to small-batch jams, in a difficult position. A material name change may be necessary for the company to have a brand name capable of registration and protection. 

The USPTO’s decision

In its non-final office action of 31 August 2024, the USPTO set out the reasons for its partial rejection of the application for the registration of the American Riviera Orchard brand name. While it was satisfied that there were no other registered trademarks that conflicted with the American Riviera Orchard name, the geographical reference to the ‘American Riviera’ led the USPTO to find that the mark was not suitable for registration in relation to food products. 

US trademark law prevents registration of a mark that is primarily geographically descriptive of the origin of an applicant’s products. The law is structured in this way so that geographic names are not monopolised and to ensure that other businesses located in that particular area are not restricted from communicating where their goods or services come from. 

In its reasoning for partially rejecting the application, the USPTO described how the term ‘American Riviera’ is a nickname for Santa Barbara, California. This, combined with the fact that the Duchess of Sussex has a nearby residence – which would likely lead the consumer to conclude that the area was the origin of the products – led the USPTO to refuse the application because it is geographically descriptive. The decision does not prevent the registration of the mark in respect of other types of goods (that do not have a descriptive association with the mark), but does require the Duchess’s business to disclaim the wording ‘American Riviera’ in respect of food products. 

Mama Knows Best must respond within three months of the USPTO’s decision. It can either proceed with the application in respect of other goods or seek to contest the decision. How it responds will have important implications for the future of the brand. In addition, a corresponding application is currently under consideration with the European Union Intellectual Property Office which may face similar challenges. Even if this EU application succeeds, it may become commercially redundant in the event that the USPTO’s decision becomes final. 

Key takeaways

Registering and protecting trademarks is an essential part of modern business, providing a way for businesses to protect the often-significant investment they have made in developing their valuable brand identity. This USPTO decision highlights that it is crucial for companies to carefully consider brand names and their suitability for registration as a trademark, especially in the early stages of brand and product development. Failure to do so can potentially result in a burgeoning brand being exposed and left with a difficult set of choices to make about how to move forwards. 

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