From a trademark lawyer in the US. This info was written before the initial refusal but the lawyer correctly predicted there would be issues.
https://www.jessicaeavesmathewslaw
Basically is very unlikely she will get a TM and even worse….likely to not find out until late 2025! She questions why on earth they went ahead with this, that it was obvious there would be problems.
Im guessing that’s Meghan usual of not listening to people and thinking she knows best
“If there are issues with the application, like if the USPTO Examining Attorney assigned to the application refuses registration on the basis of "likelihood of confusion" with an existing registered mark, or on the basis of the mark being at least partly "geographically descriptive" (that is possible in this case, in my opinion), then the process is more drawn out and it could be later in 2025 before they have a final decision from the USPTO.
The phrase "American Riviera" is a well-known phrase used to identify Santa Barbara, California, due to its similar climate and terrain to the Mediterranean coast in Europe, and its stellar reputation for great wine. And unless you have been living under a rock, it is obvious that Meghan's company is based in the Santa Barbara area (in fact, see the image on her website and Instagram - below) that states clearly that it is located in Montecito. And even if the goods themselves are not made in that area, it is likely that consumers will see the association between the brand and the geographic location. As a result, I think they will get a refusal. The likely only way around that will be to agree to "disclaim" the entire mark, which means they won't really own the phrase exclusively (disclaiming is a statement you make to the USPTO that "the applicant does not claim any exclusive rights to the disclaimed portion of the mark"). In other words, Meghan's new company will not be able to own exclusively any part of the mark that is disclaimed. It pretty much will defeat the purpose of applying for trademark registration in the first place.
I'm curious why Meghan and her team chose this name, given the fact that they are indeed risking a refusal for being geographically descriptive. Other "American Riviera" marks have been rejected for registration by the USPTO on this basis, so it is a predictable outcome for this application too, despite the fame of the owner of the mark. I would not have advised Meghan to use this mark, if she had been my client. It is a risky move, especially considering the fact that they had to have known that the brand would take off in a viral way the moment it was announced. If they can't get the trademark, they will have to rebrand in a year, which could involve not just rebranding the website and social media accounts, but inventory and other hard assets that will be expensive to replace. It will be an interesting case to watch as a trademark lawyer.”