Meghan Markle’s New Clothing Line Faces Setback: Why ‘As Ever’ is Off the Table Due to Trademark Issues with Chinese Fashion Firms

Meghan Markle can’t sell any clothing under her new brand, ‘As Ever.’ The reason? The name is too similar to a budget clothing company in China called ASEVER.

In October 2022, Meghan’s lawyers submitted a request to the US Patent and Trademark Office (USPTO) to trademark ‘As Ever’ for various items, including aprons, jams, and even dog treats. However, in July 2023, the USPTO partially rejected her application, stating that the name too closely resembled that of the Chinese company.

ASEVER operates out of Shenzhen and supplies clothing to well-known stores like H&M. The USPTO noted that the names sounded alike and looked almost identical, which could confuse customers.

The trademark office specifically cited issues with “Class 25,” which includes clothing, in their rejection notice. It emphasized the potential for customer confusion due to the similar names.

In January 2024, Meghan’s legal team submitted a revised application, this time excluding clothing. This change led to the approval of her trademark for ‘As Ever.’

A trademark lawyer in Los Angeles remarked that if Meghan tried to sell clothing under this name, she could face legal trouble.

Meghan’s fashion sense often creates buzz and sells out quickly, adding pressure to choose a different name for her clothing line. This challenge is just one of many hurdles as she prepares to launch her latest lifestyle brand.

Her products will be associated with a new show on Netflix titled ‘With Love, Meghan,’ set to premiere on March 4. The Mail on Sunday also reported that her products will be available in Netflix standalone stores in Dallas and Philadelphia, as well as online through Netflix and her own website.

Initially, Meghan had considered naming her brand ‘American Riviera Orchard,’ a tribute to the Santa Barbara area where she lives. However, this name was rejected by the USPTO because geographical names cannot be trademarked. Additionally, the food brand Harry & David raised objections, claiming the name resembled their ‘Royal Riviera’ pears.

Despite the setbacks, Meghan shares fond memories of her hometown. She noted, “American Riviera sounded like a great name, but it limited me to products made only in this area.”

When she finally announced ‘As Ever,’ it caused quite a stir. Mark Kolski, who runs a vintage clothing brand called ‘As Ever’ in New York, commented that he has never trademarked the name, as his business is small and family-run, contrasting its potential competition with Meghan’s Netflix-backed brand.

Adding to her challenges, the Spanish village of Porreres in Mallorca has threatened legal action against Meghan. They claim she copied the town’s traditional coat of arms, which has been around since 1370.

Her upcoming show coincides with her brand launch, further spotlighting Meghan’s journey in the world of lifestyle branding. The ‘As Ever’ logo features a palm tree and two hummingbirds, which are said to represent her children, Archie and Lilibet.

Interestingly, Prince Harry once mentioned seeing a hummingbird after his grandmother, Queen Elizabeth, passed away. Coincidentally, the coat of arms from Porreres features two birds alongside a palm tree, raising more questions about originality in her design.

As she navigates these legal challenges, Meghan’s collaborators from Netflix are keenly aware of the commercial implications, as they stand poised to launch a range of her products soon.