NEW YORK, Feb 23: The Duchess of Sussex, Meghan Markle has faced a setback in her efforts to launch a clothing line under her new "As Ever" brand due to the name’s similarity to a Chinese fast fashion company, ASEVER. The US Patent and Trademark Office (USPTO) issued a partial rejection of Meghan's trademark application in July 2023, stating that her brand name was too close to ASEVER, a Shenzhen-based clothing company that supplies retailers like H&M.

The USPTO argued that the names were nearly identical in both sound and appearance, which could lead to confusion in the marketplace. As a result, the application was sent back to Meghan's legal team. The rejection specifically cited the "clothing category Class 25" and warned of a likelihood of confusion with the existing brand.

In January 2024, Meghan's lawyers filed a revised application that excluded any reference to clothing, and the trademark for "As Ever" was later approved. However, experts have pointed out that if Meghan attempts to sell clothing under the "As Ever" brand, she could risk facing a lawsuit. Meghan now has to select a new name if she intends to market a clothing line.

The trademark issue is just the latest challenge in the launch of Meghan’s long-awaited lifestyle brand. The "As Ever" products are set to be sold in collaboration with Netflix, which will also premiere her lifestyle show, "With Love, Meghan," on March 4. Her products will be available at Netflix stand-alone stores in Dallas and Philadelphia, as well as online via Netflix’s shopping site and her personal website.

Meghan’s initial attempt to trademark the name "American Riviera Orchard" was also blocked by the USPTO, as names tied to geographical areas cannot be trademarked. Additionally, the food company Harry & David objected to the name, citing its similarity to their "Royal Riviera" line of pears. Meghan had chosen "American Riviera" to reflect the Santa Barbara area, where she and Prince Harry reside, but the name was ultimately deemed too restrictive.

The unveiling of her "As Ever" brand earlier this week led to controversy when Mark Kolski, owner of a small vintage clothing company called "As Ever" in New York, voiced his concerns. He expressed gratitude for the support from his customers, but noted that his family-run business was no match for the financial power behind Meghan’s new venture, which is backed by Netflix.

Adding to the complications, the Spanish town of Porreres in Mallorca has threatened legal action, claiming that Meghan’s brand logo, featuring a palm tree and two hummingbirds, resembles the town's coat of arms, which dates back to 1370. Meghan’s connection to the hummingbird stems from a personal story about seeing one after the death of Queen Elizabeth.

ASEVER, the Chinese brand, did not respond to requests for comment.