25 Nov USPTO Blocks Rag & Bone MIRAMAR Mark, Affirms MIRAMAR® Incontestable Rights
CORONA DEL MAR, CALIFORNIA – November 26, 2025
MIRAMAR Trademark Victory Over Rag & Bone
Miramar Brands Group, Inc. (“MBGI”), an industry leading, privately held company based in Corona del Mar, California, announced today that the United States Patent and Trademark Office has issued a Nonfinal Office Action delivering a Section 2(d) likelihood-of-confusion refusal against RB Topco’s application for RAG & BONE / MIRAMAR (Serial No. 99224195).
The USPTO’s action, issued October 30, 2025, cites MBGI’s senior, registered, and incontestable MIRAMAR® trademarks and concludes that the applied-for mark is confusingly similar to MBGI’s long-established MIRAMAR brand. Importantly, the USPTO reached its conclusions independently and without any opposition or submission from MBGI during examination.
USPTO Findings
The USPTO determined that the marks “are confusingly similar,” emphasizing that incorporating the full MIRAMAR mark into the applied-for RAG & BONE / MIRAMAR designation “does not obviate the likelihood of confusion.”
“The applicant’s addition of the wording RAG & BONE to the registrant’s mark, MIRAMAR, does not alter the overall commercial impression. Thus, the marks are identical in part.” — USPTO
The Office Action also found the parties’ goods and services—MBGI’s apparel (Class 25) and RB Topco’s retail store services (Class 35)—to be highly related and “likely to be encountered together in the marketplace,” establishing a strong basis for consumer confusion.
“Consumers are likely to be confused and mistakenly believe that the products and services originate from a common source. Therefore, registration must be refused.” — USPTO
MBGI Statement
Stephen Ascher Jr., CEO of Miramar Brands Group, Inc., stated: “We began humbly on Miramar Beach in 1983, building our American Riviera Brands across fashion, athleisure, sports, and lifestyle with the Sideout® and Queen & King of the Beach® and Queen & King of the Court® brands (the “Crown Brands”). The USPTO’s ruling underscores our incontestable MIRAMAR rights and reinforces that these marks cannot be diluted or appropriated. MIRAMAR has always protected its trademarks, and we will continue to do so across all retail and digital channels.”
Ascher noted that following a Cease and Desist served on Rag & Bone and RB Topco on August 28, 2025, MBGI has taken further steps through Amazon and Meta global Brand Registries, where more than 19 MIRAMAR trademarks are actively enforced.
Industry Perspective
Olympian and volleyball icon Christopher St. John “Sinjin” Smith, a decades-long partner of the MIRAMAR brand, remarked on the longstanding recognition of MIRAMAR’s marks within sports and lifestyle:
“MIRAMAR has built substantial global equity over more than 40 years. When we saw Rag & Bone’s MIRAMAR marketing, we assumed it was an authorized collaboration—something common in our industry. Learning otherwise was surprising. The USPTO’s ruling confirms that the marks create the same commercial impression and that confusion is likely.”
Smith highlighted MIRAMAR’s long history with major partners including ELLE and ELLE Decor, Berkshire Hathaway’s Spalding, Fruit of the Loom and Russell Brands divisions, Hang Ten, Lightning Bolt, Mikasa Corporation, Sportworx, the FIVB, the Association of Volleyball Professionals, the ISF and the AAU.
Key Takeaways from USPTO’s Refusal
-
Likelihood of Confusion Confirmed: The shared MIRAMAR wording creates a highly similar commercial impression.
-
Highly Related Goods and Services: Apparel and retail store services in the fashion category are commonly encountered together, increasing the probability of confusion.
-
Recognition of MIRAMAR’s Incontestable Rights: MBGI’s registered marks are senior and enforceable under federal law.
MBGI is requesting that all MIRAMAR-labeled products associated with Rag & Bone be removed from distribution and discontinued.
About Miramar Brands Group, Inc.
Miramar Brands Group, Inc. owns the registered MIRAMAR® trademark and its associated “Crown Marks”: Queen & King of the Beach®, Queen & King of the Court®, and Queen & King of the Snow®, spanning event, fashion, sports, apparel, and retail categories.
The company’s Queen & King of the Court® Crown Series reaches more than 100 million households across 120 countries through partnerships with Sportworx BV and the FIVB. The Crystal Palace event in London will air globally this week, with Sinjin Smith and MIRAMAR founder Stephen Yount Ascher Jr. supporting Team USA as they defend their 2024 title as the first American Kings of England.
MIRAMAR will celebrate its 100-year affiliation with the AAU in March 2026 alongside the Queen & King of the Beach® National Championship Series. Over the past 45 years, MIRAMAR and its founders have collaborated with leading global brands including Hearst Corporation, ESPN, The Olympic Channel, ELLE International, Li & Fung, Authentic Lifestyles, Sportworx, Berkshire Hathaway’s Fruit of the Loom, Spalding and Russell Brands, Hang Ten®, Lightning Bolt®, Mossimo, Tony Hawk, Celebrity Chef Todd English, and others across fashion, lifestyle, sports, and events.
Media Contact:
Wendy Allen, EVP, Communications
Miramar Brands Group, Inc.
wendy@miramarbrands.com
press@miramarbrands.com
(626) 993-8000
A sweeping USPTO refusal has halted Rag & Bone’s attempt to claim “Miramar,” confirming Miramar Brands Group’s senior and incontestable rights and recognizing significant consumer confusion in the marketplace.
Sorry, the comment form is closed at this time.