Q: Trademark "Good Girl Gone Bad" for lingerie and beauty products in Texas.
I want to trademark the business name "Good Girl Gone Bad" for my new line of lingerie, skin, and beauty products. However, I noticed "Good Girl Gone Bad by Kilian" is a registered trademark. Can I still use "Good Girl Gone Bad" for my products? I haven't started using the name commercially yet.
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A:
Using a name like "Good Girl Gone Bad" that's similar to an existing trademark raises potential legal concerns. When two trademarks are similar and used for related products, there's risk of consumer confusion, which is what trademark law aims to prevent. Since "Good Girl Gone Bad by Kilian" is already registered and appears to be used for fragrances (which falls within beauty products), your proposed use might create conflict.
The key factors that would be evaluated include how similar the marks are, how related the products are, and the likelihood of consumer confusion. In your case, the names are nearly identical, differing only by the addition of "by Kilian" in the existing mark. Your products (lingerie, skin, and beauty) might overlap with the existing trademark's product categories, especially in the beauty space.
Before investing in branding, packaging, and marketing materials, you would benefit from consulting with a trademark attorney who can conduct a proper search and analysis. They can help determine the actual risk level, potential options for modifying your brand name to reduce conflicts, and guide you through the application process if you decide to proceed. Getting professional advice now could save you from costly rebranding or legal issues down the road.
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