Meghan Markle has been prohibited from selling clothing under her newly launched ‘As Ever’ brand due to its resemblance to a budget-friendly Chinese fashion company.
Documents filed by Meghan’s legal team at the US Patent and Trademark Office (USPTO) in October 2022 sought approval to sell a variety of products, including aprons, clothing, jams, and dog biscuits under the ‘As Ever’ name.
However, in July 2023, USPTO issued a 145-page partial rejection of her trademark application, ruling that she could not sell clothing because the name was too similar to ASEVER, a Chinese fast fashion brand based in Shenzhen that supplies retailers like H&M.
USPTO stated that the two names were nearly identical in both sound and appearance, which could lead to confusion among consumers. Citing ‘clothing category Class 25,’ the trademark office rejected the application and sent it back to Meghan’s legal team. The paperwork explicitly stated that the request was denied due to the likelihood of confusion.
Six months later, in January 2024, Meghan’s lawyers submitted a revised application, removing all references to clothing. With that modification, the ‘As Ever’ trademark was approved. A trademark lawyer in Los Angeles noted that if Meghan were to sell clothing under this brand name, she could face legal action.
Known for her fashion influence, Meghan will now need to select a different name if she plans to launch a clothing line. This is just one of several setbacks she has encountered while preparing to debut her lifestyle brand.
The ‘As Ever’ product line is set to be released in collaboration with Netflix, coinciding with the launch of her new lifestyle show, With Love, Meghan, on March 4. These products will be available at Netflix’s standalone stores in Dallas and Philadelphia, as well as online through both Netflix’s shopping platform and Meghan’s own website.
Before settling on ‘As Ever,’ Meghan initially attempted to trademark ‘American Riviera Orchard,’ but USPTO rejected the name on the grounds that trademarks cannot include geographic locations. Additionally, food company Harry & David opposed the application, arguing that it was too similar to their Royal Riviera pear brand.
Meghan later explained on Instagram that “American Riviera” refers to Santa Barbara, California, where she and Prince Harry reside in a $14.5 million home alongside high-profile neighbors like Oprah Winfrey, Kevin Costner, and Katy Perry. She shared that she had initially thought the name was ideal but ultimately found it too limiting, as it restricted her brand to products manufactured and grown in the region.
When Meghan officially launched ‘As Ever’ earlier this week, controversy quickly followed. Mark Kolski, who has operated a vintage clothing business under the same name in New York since 2017, responded to the news by expressing appreciation for the support of his long-time customers.
He acknowledged that he never pursued a trademark for ‘As Ever,’ as his company is a small, family-run business. He remarked on the significant power and financial backing that Meghan’s venture has through Netflix.
Further legal troubles have emerged from Spain, where officials in the village of Porreres, Mallorca, are considering legal action, claiming Meghan’s logo closely resembles their traditional coat of arms, which dates back to 1370. The ‘As Ever’ logo features a palm tree with two hummingbirds on either side, a design similar to the town’s emblem, which also depicts two birds flanking a palm.
Prince Harry has previously shared that he saw a hummingbird following the passing of Queen Elizabeth.
ASEVER, the Chinese fashion company at the center of the trademark dispute, has not responded to multiple requests for comment.