USPTO Refuses Megan Thee Stallion’s Bid to Trademark ‘Hot Girl Summer’ for Cosmetics
Megan Thee Stallion’s attempt to expand her Hot Girl Summer empire into the beauty aisle has hit a legal roadblock.
On June 6th, the U.S. Patent and Trademark Office (USPTO) refused her trademark application for ‘HOT GIRL SUMMER’ as it relates to cosmetic goods—including makeup, perfumes, lotions, and hair care products.
According to the USPTO’s refusal, Megan’s trademark filing conflicts with three existing trademark registrations and five pending applications that include “Hot Girl” or similarly styled phrases.
Conflicting trademarks cited in the USPTO refusal
| wdt_ID | wdt_created_by | wdt_created_at | wdt_last_edited_by | wdt_last_edited_at | Trademark | Goods/Services | Serial # |
|---|---|---|---|---|---|---|---|
| 1 | HOT GYAL LASHES | False eyelashes | 88149889 | ||||
| 2 | HOT GIRLS | Hair care preparations; Hair conditioners; Hair shampoo | 86820845 | ||||
| 3 | HOT GIRL SPRAY TANS | Cosmetics, namely, sunless cosmetic products in the nature of self tanning lotions, body wash, body creams, body oils, body exfoliators, body serums, body toners, and cosmetic spray tanning preparations | 98322694 | ||||
| 4 | HOT GIRL HAIR | Hair oils; Shampoo-conditioners; Non-medicated hair serums | 98856876 | ||||
| 5 | HOT GIRL HOT SAUCE | Body oils | 98749304 | ||||
| 6 | HOT GIRL WALK | Non-medicated skin care preparations, namely, skin lotions and creams, facial and body sunscreen creams; Downloadable software for use on a mobile device for fitness training; Sprays for personal defense purposes | 97869195 | ||||
| 7 | HOT GIRL SUNSCREEN | Sunscreen preparations; sunscreen creams; cosmetic sunscreen preparations; sun-block lotions; after sun lotions; cosmetic creams; cosmetics; make-up; nail polish; deodorants; soaps | 98897682 | ||||
| 8 | HOTGIRLZ | Cosmetics and make-up | 99067173 |
While Megan already owns two federal trademark registrations for Hot Girl Summer—one covering music and another for live entertainment events—her attempt to branch into cosmetics is encountering the reality that trademark rights are limited to specific categories of goods or services.
And in this case, Megan may be late to her own party.
The USPTO reviews trademark filings in the order in which they are received. And while Megan helped popularize the phrase Hot Girl Summer with her 2019 anthem, she didn’t file early trademark applications covering potential beauty products. That gave other entrepreneurs time to file their own “Hot Girl” variations—many of which are now blocking her path.
Even though her clothing-related trademark application for Hot Girl Summer has already been approved (but not yet registered), this latest refusal shows how tricky it can be to expand a brand without a proactive trademark strategy.
Megan Thee Stallion’s existing registrations for music and live shows
This is a textbook example of why brand owners should file early and often. If you’re building a brand that might expand to multiple product categories, it’s smart to file trademark applications across those categories you might want to enter—even if those plans are still years away.
Moreover, a proactive trademark monitoring strategy can also be helpful.
If Megan Thee Stallion was monitoring the USPTO for any “Hot Girl” trademark filings that had been made, she could have opposed them (or worked out settlement agreements with the owners of the other applications) to ensure she had the ability to expand her rights in the future.
Ultimately, properly registering and enforcing trademark rights requires a great deal of nuance. This nuance goes far beyond just filing the trademarks themselves.
But all hope is not lost for Megan.
There are legal routes forward, including contacting the owners of the cited marks to negotiate consent agreements or challenging the validity of their filings.
However, the process won’t be simple. Even if Megan resolves seven out of eight conflicts, the USPTO will still refuse her application. She will have to successfully address all the issues the USPTO raised to get this trademark registered.
In short, Megan’s trademark journey for a ‘HOT GIRL SUMMER’ cosmetics brand may take more than a season to resolve.
Until then, the phrase may stay hot… but not officially hers in the beauty aisle.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
Do you need assistance with a trademark matter?
Contact an Attorney Today