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Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!

Trademark Lessons from Meghan Markle’s ‘As Ever’ Rebranding Battle

When launching a new brand, choosing the perfect name is crucial—but securing trademark protection is just as important. Meghan Markle’s recent rebranding to “As Ever” highlights the legal challenges of trademark disputes and why businesses, big or small, must take careful steps to avoid costly mistakes.

In this post, we’ll break down the trademark issues behind Markle’s rebranding, explore why her previous name was rejected, and provide actionable advice for entrepreneurs looking to protect their brand.

The ‘As Ever’ Rebranding Controversy: A Trademark Case Study

Meghan Markle initially planned to launch a lifestyle brand under the name “American Riviera Orchard.” However, reports surfaced that her trademark application faced rejection from the U.S. Patent and Trademark Office (USPTO) due to two major issues:

  1. Geographic Descriptiveness – The phrase “American Riviera” is commonly associated with Santa Barbara, California, where Markle resides. Trademark law prohibits overly descriptive names that could mislead consumers.
  2. Application Inconsistencies – The USPTO often rejects applications that fail to clearly define the goods and services associated with the trademark.

Facing these hurdles, Markle pivoted to a new brand name: “As Ever.”

However, this new name quickly sparked controversy. A New York-based vintage clothing brand named As Ever, founded in 2017, expressed concerns over potential brand confusion.

Founder Mark Kolski noted that small businesses often struggle to protect their brand names when larger, well-funded entities enter the space. The situation raises an important question: How can businesses protect their trademarks and avoid legal battles?

Why Do Trademark Applications Get Rejected?

Meghan Markle’s situation is not uncommon. According to USPTO data, more than 50% of trademark applications receive an initial refusal, often due to procedural issues. Many refusals can be overcome with proper legal responses, but it’s important to understand the common reasons for rejection:

✅ Likelihood of Confusion – If your mark is too similar to an existing registered trademark, the USPTO may reject it to prevent consumer confusion.
✅ Descriptiveness – A mark that directly describes a product or service (e.g., “Organic Apple Juice” for a juice brand) is unlikely to be approved.
✅ Generic Terms – Common words that fail to distinguish a brand (e.g., “Best Coffee”) are often denied protection.
✅ Failure to Show Use in Commerce – Trademarks require proof of commercial use. Failing to submit proper documentation can lead to rejection.

Understanding these common pitfalls can help businesses strengthen their trademark applications and avoid unnecessary legal trouble.

What Can Businesses Learn from This?

1. Conduct a Comprehensive Trademark Search

Before settling on a name, research existing trademarks using the USPTO’s Trademark Electronic Search System (TESS). Checking social media handles, domain names, and state trademark databases can also help prevent conflicts.

2. Work with a Trademark Attorney

Trademark law is complex. A lawyer can help navigate the application process, conduct thorough searches, and address potential conflicts before they become legal battles.

3. File for Protection Early

In the U.S., trademark rights are primarily based on first use in commerce, not just who files first. However, filing early still provides important legal benefits, such as establishing a public record of your claim and deterring others from using the name.

4. Monitor for Infringement

Even after securing a trademark, businesses must actively monitor for infringement. Tools like Google Alerts, trademark watch services, and legal professionals can help identify unauthorized use of a brand name.

Final Thoughts: Trademarks Matter

Meghan Markle’s trademark battle with As E evever is a high-profile reminder that trademark issues can affect any business—big or small. Whether you’re launching a startup or rebranding an existing company, protecting your brand name is essential.

By conducting thorough research, working with professionals, and filing for protection early, businesses can avoid costly disputes and build a strong, legally protected brand.

Related Articles

Neuralink’s ‘Telepathy’ and ‘Telekinesis’ Trademarks: A Glimpse Into the Future of Mind-Controlled Technology

Elon Musk’s Neuralink is taking a major step forward—not just in brain-computer interface (BCI) technology, but in branding its vision for the future. The company has filed trademark applications for “Telepathy” and “Telekinesis” with the U.S. Patent and Trademark Office (USPTO), signaling its ambitions for thought-controlled communication and movement.

These filings suggest that Neuralink isn’t just focused on medical applications—it’s laying the groundwork for a future where people control devices, communicate, and even interact with AI using only their minds.

What Do These Trademarks Mean?

Trademarks don’t mean Neuralink owns the words “Telepathy” or “Telekinesis,” but they protect the company’s use of these terms in connection with specific brain-interface technologies. The filings cover:

  • ✅ Brain implants that enable users to interact with devices using thought
  • ✅ Software and AI that process brain activity and enhance neural connections
  • ✅ Wireless systems that support hands-free communication and control

These trademarks don’t mean products will hit the market immediately, but they suggest Neuralink is seriously exploring commercialization beyond the lab.

Neuralink’s Progress in Human Trials

Neuralink’s first human trial is already proving the potential of its technology. In January 2024, Noland Arbaugh, a quadriplegic since 2016, became the first person to receive the Neuralink implant.

The results were astonishing—Arbaugh was able to move a computer cursor and play video games using only his thoughts. This breakthrough demonstrated that Neuralink’s BCI technology can restore a level of independence to people with severe disabilities.

However, the road hasn’t been without challenges. Three weeks after implantation, some of the device’s tiny threads retracted from his brain tissue, reducing its functionality. Despite this, Neuralink adapted its software to continue operating the device, and Arbaugh remains optimistic about the technology’s potential. (The Guardian)

A Future Powered by Thought

While Neuralink’s current focus is on helping people with disabilities regain control over technology, its trademark filings indicate a broader vision. Could we eventually see brain-to-brain communication, AI integration, and fully mind-controlled devices? Neuralink’s branding move suggests it wants to be at the forefront of that evolution.

The concept of “Telepathy” and “Telekinesis” becoming reality may still be years away, but with trademark protection in place, Neuralink is positioning itself for the long term.

Final Thoughts

Neuralink’s trademarks for “Telepathy” and “Telekinesis” are more than just legal filings—they’re a glimpse into a world where technology seamlessly integrates with human thought. As the company pushes forward with trials and development, it’s clear that mind-powered innovation is no longer just science fiction.

When Does a Trademark Become Generic?

Trademarks are powerful tools for businesses, serving as unique identifiers of their goods or services. But did you know that even the strongest trademarks can lose their exclusivity and become generic terms? This phenomenon, called “genericide,” has impacted many once-iconic brands. Understanding how a trademark becomes generic and how to prevent it is essential for protecting your intellectual property.

In this blog, we’ll cover everything you need to know about trademark genericide, including its causes, famous examples, and actionable tips to safeguard your brand.

What Does It Mean for a Trademark to Become Generic?

A trademark becomes generic when the public uses it as a general term for a product or service rather than associating it with a specific brand. For instance, “escalator” was once a protected trademark but is now a generic term for moving staircases. This shift can strip a company of its exclusive rights to the trademark.

How Does a Trademark Become Generic?

Several factors can lead to a trademark losing its distinctiveness:

  1. Improper Use in Marketing: Using a trademark as a noun or verb rather than an adjective (e.g., saying “Google it” instead of “search online using Google”). This improper usage can weaken the trademark’s uniqueness. For practical tips on maintaining proper usage, check out Indie Law’s guidelines and tips for using your trademark correctly.
  2. Failure to Enforce Rights: If a company allows competitors or the public to misuse its trademark without taking corrective action, the mark’s distinctiveness can erode over time.
  3. Public Perception: When the majority of consumers start using the trademark as a generic term for a product category, its legal protection may be at risk.

Famous Examples of Genericide

These examples highlight how famous trademarks became generic:

  • Aspirin: Originally owned by Bayer, it became a generic term after World War I when the company lost its trademark rights in certain jurisdictions.
  • Thermos: Once a protected trademark for insulated bottles, now used generically for all similar products.
  • Escalator: The Otis Elevator Company lost its rights when the term became synonymous with moving staircases.

To read about more examples, visit the Dictionary.com article on genericized trademarks.

Preventing Your Trademark from Becoming Generic

Here’s how to protect your trademark from falling into genericide:

  1. Use the Trademark Correctly: Reinforce the brand‚Äôs distinctiveness in usage. For instance, instead of saying “Do you have a Kleenex?” say, “Do you have a Kleenex-brand tissue?”
  2. Educate the Public: Make it clear in your branding and marketing materials that your trademark is a brand name, not a product category.
  3. Monitor and Enforce: Regularly monitor the market for improper use of your trademark and take legal action if necessary.
  4. Use the Proper Symbols: Display the symbols to indicate that the term is a protected trademark.

FAQ: When Does a Trademark Become Generic?

What is genericide?

Genericide occurs when a trademark becomes a generic term for a type of product or service, losing its distinctiveness and legal protection.

Can any trademark become generic?

Yes, any trademark can become generic if it‚’s not properly managed or enforced.

What happens if my trademark becomes generic?

If your trademark becomes generic, you lose exclusive rights to it. This allows competitors to legally use the term for their products.

How do I know if my trademark is at risk?

Your trademark is at risk if consumers widely misuse it as a noun or verb or if competitors use it without consequence. Regular monitoring and public education can help prevent this.

Final Thoughts

Trademarks are more than just logos or names they represent the identity and reputation of your business. However, even the most iconic trademarks can fall victim to genericide if not properly managed. By understanding the risks, monitoring public use, and actively enforcing your rights, you can protect your brand from losing its distinctiveness.

Remember, prevention is key. Use your trademark correctly, educate your audience, and act promptly against misuse. Safeguarding your intellectual property ensures that your trademark remains a valuable asset for years to come.

 

How Trump-Era Mandates Could Delay Your Trademark Filing – And What You Can Do About It

The recent return-to-office mandates and resignation incentives at the U.S. Patent and Trademark Office (USPTO) have sparked concerns about processing delays and staffing shortages. If you’re a business owner looking to secure a trademark, these changes could directly impact your ability to protect your brand.

In this blog post, we’ll break down how these policies could slow down trademark applications, what it means for businesses, and—most importantly—what you can do to navigate the potential roadblocks.

Understanding the USPTO’s Current Challenges

The USPTO has long been a leader in remote work, with 96% of its workforce operating remotely across all 50 states. However, new federal mandates now require employees to return to the office, which may lead to:

  • Staff resignations – Employees who relocated during the remote work era may choose to leave instead of moving back.
  • Hiring challenges – The USPTO’s ability to attract and retain top talent may suffer, especially if remote flexibility disappears.
  • Processing delays – Fewer staff means longer wait times for trademark applications and approvals.

Additionally, voluntary resignation incentives have already resulted in key departures, including former Commissioner for Patents Vaishali Udupa. If more experienced professionals leave, it could further disrupt operations.

What This Means for Your Trademark Filing

For businesses and entrepreneurs, the biggest concern is the potential for longer processing times for trademarks. If USPTO staffing levels drop, expect:

✔ Slower Examination Periods – Fewer examiners could mean longer waits before your application is reviewed.
✔ Delayed Office Actions – If the USPTO requests additional information, responding and getting feedback may take longer than usual.
✔ Potential Increase in Errors – Overworked staff might make more mistakes, increasing the risk of unnecessary rejections.

If you’re in the process of filing a trademark, these delays could impact your business strategy—especially if you’re planning a product launch or need to enforce your rights against copycats.

How to Avoid Trademark Filing Delays

To minimize the impact of these changes, consider the following strategies:

✅ File as Early as Possible

Since wait times may increase, get your application in now to secure your place in the queue. The earlier you file, the sooner you’ll get a response.

✅ Work with a Trademark Attorney

A lawyer can help you submit a stronger application upfront, reducing the chances of back-and-forth delays. Common reasons for rejection include:

  • Generic or overly descriptive trademarks
  • Conflicts with existing marks
  • Incorrect filing classifications

By working with an expert, you can avoid unnecessary roadblocks.

✅ Consider an Intent-to-Use Application

If you’re not ready to launch your brand but want to secure your trademark early, filing an Intent-to-Use (ITU) application can give you priority over others while you finalize your business plans.

✅ Monitor Your Application Closely

Check the USPTO’s Trademark Status & Document Retrieval (TSDR) system regularly for updates. If there are issues, responding quickly can help move things along.

✅ Prepare for Potential Office Actions

Since there may be longer delays in communication, be proactive in anticipating office actions (requests for additional information). Having your documents and justifications ready can save valuable time.

Conclusion: Stay Ahead of the Changes

The USPTO’s internal challenges might cause longer processing times and increased delays for trademark applications. While these staffing issues are beyond your control, you can take proactive steps to minimize their impact on your business.

By filing early, working with a trademark attorney, and monitoring your application closely, you can navigate these changes and protect your brand without unnecessary setbacks.

For more trademark insights, check out these resources from Indie Law:

Why Trademarks Matter for Your Brand’s Survival

Building a brand takes time, effort, and a lot of creativity. When you’ve invested so much into creating a unique identity, the last thing you want is for someone else to profit from your hard work. This is where trademarks come into play. Trademarks aren’t just legal red tape—they’re essential for protecting your brand’s identity and ensuring its long-term survival. In this blog post, we’ll break down why trademarks are crucial and how they can shield your business from costly disputes down the road.

What Is a Trademark, and Why Does It Matter?

A trademark is a symbol, word, phrase, design, or combination of these that identifies and distinguishes the source of a product or service. Think of Nike’s swoosh or Apple’s iconic logo—these trademarks don’t just symbolize the companies; they represent trust, quality, and reputation. According to the United States Patent and Trademark Office (USPTO), over 700,000 trademark applications were filed in 2022 alone, highlighting how vital brand protection has become.

Without a trademark, your brand is vulnerable. Competitors could use similar names or logos, causing confusion among customers and potentially damaging your reputation. A registered trademark gives you the exclusive right to use your brand elements, helping you maintain control over how your brand is perceived.

1. Protecting Your Brand’s Identity

One of the main reasons trademarks are essential is that they protect your brand’s unique identity. When your brand name, logo, or slogan is trademarked, it becomes illegal for others in your industry to use something too similar. This not only prevents customer confusion but also preserves the distinctiveness of your brand.

Example:
Imagine you’ve built a successful online boutique called “Luna Luxe.” Without a trademark, a competitor could start a similar business under the name “Luna Lux,” using a comparable logo. This could easily mislead your customers and dilute your brand’s identity. However, with a registered trademark, you can take legal action to stop them.

2. Avoiding Costly Legal Disputes

Legal disputes over brand identity can be both time-consuming and expensive. The average cost of a trademark infringement lawsuit can range from $120,000 to $750,000, according to the American Intellectual Property Law Association. By securing a trademark early, you minimize the risk of costly disputes.

Proactive Protection:
Trademark registration acts as a public notice, deterring potential infringers who conduct proper research. It also grants you the legal backing to enforce your rights if someone does infringe on your brand. This kind of proactive protection can save you thousands of dollars in legal fees.

3. Building and Maintaining Customer Trust

Trademarks are more than just legal tools—they’re trust signals. When customers see your brand name or logo, they associate it with the quality and reliability of your products or services. A registered trademark strengthens this association by demonstrating that you’re committed to protecting your brand’s integrity.

Statistics Speak:
A study by the International Trademark Association (INTA) found that 74% of consumers say they rely on brand names to make purchasing decisions. Trademarks, therefore, play a critical role in maintaining customer loyalty and trust.

4. Enhancing Your Brand’s Value

A strong, trademarked brand can significantly increase your business’s value. Investors and potential buyers often consider intellectual property when evaluating a business. In fact, trademarks can account for up to 30% of a company’s overall value, according to a report by Ocean Tomo.

Leverage for Expansion:
Trademarks also make it easier to expand your business through licensing or franchising. A registered trademark gives you the legal foundation to license your brand to others, creating additional revenue streams without direct involvement in day-to-day operations.

5. Protection Beyond Borders

If you plan to expand internationally, a U.S. trademark alone won’t protect you. However, registering a trademark makes it easier to obtain protection in other countries through agreements like the Madrid Protocol. This treaty allows you to seek trademark protection in over 120 countries with a single application.

Global Brand Security:
International trademark registration prevents copycats in foreign markets, ensuring that your brand’s identity and reputation are protected globally. This is especially important for eCommerce businesses that cater to customers worldwide.

6. Trademark Myths Debunked

Myth #1: I Own My Brand Name Because I Have the Domain.
Reality: Owning a domain name does not give you trademark rights. Trademarks protect your brand elements in commerce, not just online.

Myth #2: Small Businesses Don’t Need Trademarks.
Reality: Small businesses are often the most vulnerable to copycats. Trademarks are crucial for protecting your niche and ensuring your hard work isn’t exploited.

Myth #3: Trademarks Are Too Expensive.
Reality: While there is a cost to registering a trademark—typically between $225 to $400 per class of goods or services—the expense is minimal compared to the potential cost of legal disputes or rebranding.

How to Get Started with Trademark Registration

1. Conduct a Trademark Search:
Before applying, search the USPTO database to ensure your brand name or logo isn’t already in use.

2. Choose the Right Class:
Trademarks are categorized into different classes based on the type of products or services you offer. Selecting the correct class is crucial for adequate protection.

3. File with the USPTO:
Submit your application online through the USPTO’s website. Make sure to include a clear image of your logo (if applicable) and a description of your products or services.

4. Monitor and Enforce:
After registration, regularly monitor the market for potential infringements and enforce your rights when necessary.

Conclusion: Safeguard Your Brand’s Future with a Trademark

Trademarks are more than just a formality—they’re a powerful tool for protecting your brand’s identity, avoiding costly legal battles, and building trust with your customers. As your business grows, trademarks ensure that your brand remains uniquely yours, free from imitators and potential confusion.

If you haven’t secured your trademark yet, now’s the time to act. By investing in trademark protection today, you’re safeguarding your brand’s survival and setting the stage for long-term success.

The Real Cost of Rebranding (And How to Avoid It)

Imagine this: your business is thriving, customers recognize your brand, and everything seems perfect—until you get hit with a cease-and-desist letter. Suddenly, you’re facing the nightmare of rebranding: changing your business name, logo, or slogan. It’s not just stressful; it can be incredibly costly. The good news? A proactive trademark strategy can help you avoid this scenario entirely.

In this blog post, we’ll explore the hidden costs of rebranding—from financial expenses to the impact on customer trust—and explain how trademarks can protect your brand from costly surprises.

Why Rebranding Is So Costly

Rebranding is more than just a new logo or name. It’s a complex process that affects every part of your business—from marketing materials and website redesigns to legal fees and customer communication. On average, a small to medium-sized business can spend anywhere from $10,000 to $50,000 on a rebrand, while larger companies might shell out millions.

But the financial cost is just the beginning. A sudden rebrand can confuse loyal customers, reduce search engine visibility, and even lead to a drop in sales. According to a survey by Rebrandly, 82% of consumers say they feel less trusting of brands that change their name or logo without a clear reason.

1. Financial Costs: More Than Just a Logo

When most people think of rebranding, they picture new logos, business cards, and websites. While these are significant expenses, the real cost goes much deeper. Here’s a breakdown of common rebranding costs:

  • Graphic Design: Professional logo design can range from $500 to $5,000.
  • Website Redesign: Updating your website with new branding can cost between $3,000 and $15,000.
  • Marketing Materials: New brochures, signage, and packaging can quickly add up to $5,000 or more.
  • Legal Fees: Trademark searches and applications with a reputable law firm will cost thousands.

Total Potential Cost: $10,000 to $50,000+

These costs can be overwhelming, especially for small businesses. However, the most damaging expense might not be financial—it’s the loss of customer trust.

2. Customer Confusion and Trust Issues

A sudden rebrand can confuse your existing customers, causing them to question your credibility. When consumers don’t recognize your brand, they’re less likely to buy from you. According to a report by Lucidpress, consistent branding across all platforms can increase revenue by up to 23%. A rebrand without proper planning risks throwing that consistency out the window.

Example:
When Tropicana redesigned its packaging in 2009, it led to a 20% drop in sales—costing the company $30 million in just two months. The problem? Customers didn’t recognize the new design and assumed the product was different.

3. SEO and Digital Marketing Setbacks

Rebranding can also wreak havoc on your digital marketing efforts. Changing your business name or website URL can lead to broken links, lost backlinks, and a drop in search engine rankings. Since 53% of all website traffic comes from organic search, according to BrightEdge, the impact on your visibility and revenue can be significant.

Common SEO Challenges During Rebranding:

  • Domain Authority Loss: Moving to a new domain can reduce your website’s authority, making it harder to rank.
  • Backlink Erosion: If not properly redirected, valuable backlinks can become useless.
  • Search Engine Confusion: Google may take months to reindex and trust your new brand name.

The result? Less traffic, fewer leads, and lower sales—all because of a rebrand that wasn’t managed carefully.

4. Legal Risks and Trademark Disputes

One of the most common reasons businesses are forced to rebrand is trademark disputes. Without proper trademark protection, you risk infringing on another brand’s identity—even unknowingly. If that happens, you could be required to rebrand quickly to avoid legal penalties.

Average Cost of Trademark Infringement Lawsuits:
According to the American Intellectual Property Law Association, the average cost of a trademark dispute can range from $120,000 to $750,000. Compared to the cost of registering a trademark—typically $225 to $400 per class—trademark protection is a no-brainer.

Pro Tip: Conduct a comprehensive trademark search before finalizing your brand name. This proactive step can save you from expensive legal battles down the road.

How Trademarks Help You Avoid the Cost of Rebranding

The best way to avoid the cost and hassle of rebranding is to protect your brand from the start. Here’s how trademarks can help:

1. Secure Your Brand’s Name and Logo:
A registered trademark gives you exclusive rights to use your brand name, logo, and slogan in your industry. This prevents competitors from using similar elements that could confuse your customers.

2. Deter Potential Infringers:
Trademark registration acts as a public notice, discouraging others from using similar branding. When competitors see that your brand is trademarked, they’re less likely to risk a costly legal battle.

3. Simplify Legal Protection:
If someone does infringe on your brand, a registered trademark makes it much easier and less expensive to enforce your rights. Without a trademark, proving ownership in court is far more complicated and costly.

4. Enhance Brand Value:
Trademarks add value to your business, making it more appealing to investors and potential buyers. Intellectual property can account for up to 30% of a business’s value, according to Ocean Tomo’s research.

Common Trademark Mistakes to Avoid

1. Failing to Search Thoroughly:
Skipping a comprehensive trademark search is one of the biggest mistakes businesses make. Even if a name is available as a domain, it doesn’t mean it’s available as a trademark.

2. Not Trademarking Early:
The longer you wait, the higher the risk that someone else will register a similar trademark. Register your trademark as soon as possible to secure your brand’s identity.

3. Assuming Trademarks Are Only for Big Brands:
Small businesses are often the most at risk for brand theft. A trademark is an affordable way to protect your brand’s identity from the start.

Conclusion: Protect Your Brand Before It’s Too Late

Rebranding is costly—both financially and in terms of customer trust. The best way to avoid this nightmare is to protect your brand with a trademark from the start. By securing your brand’s name, logo, and slogan, you’re investing in its long-term success and saving yourself from potential legal and marketing headaches.

Ready to safeguard your brand’s future? Make trademark protection a priority today.

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Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!

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Did you know?

Without Trademarks, You Have ZERO Rights To Your Brand.

We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.

So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.

Wanna see it?

UH, YES PLEASE!