When Meghan Markle tried to trademark the name of her new lifestyle brand “As Ever,” she ran into legal trouble. Even though she’s a high-profile figure with a team of professionals, her trademark application hit a wall. So what went wrong? And how can business owners avoid making the same costly mistakes? In this post, we’ll look at Meghan Markle’s trademark filing woes and share five common trademark mistakes that entrepreneurs often make. Whether you're launching a small business, a clothing line, or a new product, understanding these risks can save you money, time, and legal headaches.

What Happened with Meghan Markle’s Trademark?

In mid-2025, Meghan Markle filed a trademark for her new business, As Ever. It’s a lifestyle brand that may sell products like tableware, linens, and home goods. However, trademark experts quickly noticed some big issues: there were already other trademarks with similar names like “AsEver” and “As Ever Apparel.” Her logo may have copied design elements from other registered trademarks. And her filing left gaps in explaining how the mark would be used commercially. Because of these problems, her application could be rejected, or she may need to fight expensive legal battles to defend it.

Why Trademarks Matter for Your Brand

A trademark is a way to protect your brand name, logo, or slogan. It gives you the legal right to stop others from using something confusingly similar in the same industry. But trademark law is more complex than many business owners realize. According to the U.S. Patent and Trademark Office (USPTO), around 40% of trademark applications are initially rejected, often due to basic mistakes.

5 Trademark Mistakes to Avoid—Learn from Meghan Markle’s Experience

Mistake #1: Not Doing a Proper Trademark Search

One of the most common and costly mistakes is failing to check if someone else is already using a similar name or logo. In Markle’s case, multiple companies had already registered similar trademarks, like “As Ever Apparel.” This could lead to a “likelihood of confusion”—a legal reason for the USPTO to deny a trademark. Before filing, do a comprehensive trademark search using the USPTO’s TESS database or hire a trademark attorney to search for you.

Mistake #2: Filing Without a Clear Plan for Use

The USPTO requires you to prove that your trademark is being used—or will be used—in commerce. If your application is vague or lacks proof, it could be denied. In Markle’s case, critics noted that her trademark didn’t clearly explain how the brand would be used or what products it would cover. Be clear and specific. Include product categories, intent-to-use declarations, and examples of how your brand will appear on packaging, websites, or ads.

Mistake #3: Overlooking Logo Conflicts

It’s not just about names—your logo can also trigger trademark issues. Some observers pointed out that Markle’s logo may look too much like others in the same industry. This opens the door for legal challenges or rejection based on visual similarity. Treat your logo like a brand name. Do a visual trademark search, and don’t copy or “get inspired” by logos you find online.

Mistake #4: Filing Too Late in the Game

Sometimes business owners wait until their brand is already in use or known before they file a trademark. This opens the door for trademark squatters or competitors to beat you to registration. Even though Meghan Markle’s name is globally known, she still had to deal with conflicts because others registered similar marks before her. File your trademark before you launch, or at least file an intent-to-use application early in the process.

Mistake #5: Thinking Fame or Popularity Will Protect You

Markle’s case is proof that trademark law treats everyone equally—whether you're a royal or a regular entrepreneur. The USPTO doesn’t care how famous you are if your application breaks the rules. Don’t assume you’re “too big to fail.” Work with a trademark attorney or legal expert to make sure your application is strong.

What Happens If Your Application Is Denied?

If your trademark is rejected, you’ll usually get an Office Action from the USPTO. This gives you a chance to fix mistakes, submit new information, or argue your case. However, responding to Office Actions can be complicated and often requires a legal response within 6 months. If you miss the deadline or can’t overcome the refusal, your application will be abandoned—and you may lose the rights to your brand.

Key Trademark Stats Business Owners Should Know

Trademark statistics from 2025 reinforce the importance of getting it right the first time. 40% of trademark applications are initially refused by the USPTO. 27% of those refusals are due to a likelihood of confusion with an existing mark. 18% of applicants lose their marks due to poor evidence of use. The average legal cost to fight a trademark opposition is over $20,000, according to the International Trademark Association (INTA).

Final Thoughts: Protect Your Brand the Right Way

Meghan Markle’s trademark trouble is a great reminder that even high-profile brands can make legal mistakes. For business owners, the cost of those mistakes can be even higher—especially when every dollar counts. Before you invest in logos, labels, packaging, and websites, make sure your brand is legally yours. Start smart: do your research, work with a professional, file early, and avoid shortcuts. Your brand is one of your most valuable business assets. Protect it like it matters—because it does.