Taylor Swift’s Trademark for ‘Life of a Showgirl’ Refused by USPTO
Taylor Swift’s trademark application for ‘The Life Of A Showgirl’ has been refused by the United States Patent and Trademark Office.
The reason?
A preexisting trademark registration for ‘Confessions Of A Showgirl.’
The ‘Confessions Of A Showgirl’ trademark is owned by Marin Wade, a performer who appeared on America’s Got Talent and now offers a cabaret show and website that uses the phrase.
According to her website, Wade’s show promises to bring to life “the quirky, hilarious, unfiltered account of a modern-day showgirl on stage and off.”
In refusing Swift’s application, the USPTO concluded that the two marks were too similar in their commercial impression, particularly in connection with entertainment services such as music and live performances.
The examining attorney noted that the marks share a key phrase: ‘Of A Showgirl.’ While Swift’s mark uses the wording ‘The Life’ and the existing registration uses ‘Confessions,’ the USPTO determined that those differences were “not enough to obviate the similarities of the marks.”
In addition to the ‘Confessions Of A Showgirl’ mark, the USPTO also found that a pending application for ‘Showgirl’ for a brand of fragrances and perfume might also be cited against Swift’s application if it registers (noting that Swift’s claim for a brand of candles in her application would be too similar to the fragrance brand).
As a result, from a procedural perspective, the USPTO has suspended Swift’s application until the pending ‘Showgirl’ filing either registers or abandons. This suspension will need to be lifted before Swift’s legal team can respond.
Can Swift Overcome This Refusal?
This type of refusal is fairly common. About 20% of all trademarks filed with the USPTO receive a similar refusal.
The next step in this case is likely for Swift’s legal team to file a response and argue that there are significant differences between the two trademarks.
The main point of this argument will be to persuade the USPTO that consumers are unlikely to think that ‘Confessions of a Showgirl’ and ‘The Life of a Showgirl’ come from the same source.
In my view, Taylor Swift’s team will have some strong arguments to make.
The phrases arguably convey different meanings. ‘Confessions of a Showgirl’ suggests a personal narrative or tell-all account, while ‘The Life of a Showgirl’ reads more like a broader portrayal of the experience itself. While both contain the words “of a showgirl,” the overall impression of the trademarks differs enough that the USPTO could still find a way to approve Swift’s application.
Overall, I believe there is around a 60-70% chance that a responsive argument would be successful.
If Swift cannot persuade the USPTO to withdraw the refusal through legal arguments, another path would be a consent agreement with the owner of the earlier trademark. If Marin Wade agreed that Swift’s use would not cause confusion and consented to the registration, that could resolve the issue.
It is worth noting that Wade’s ‘Confessions of a Showgirl’ trademark has been registered for more than a decade, giving it significant legal strength and making it difficult to challenge directly.
The biggest issue here may be in the short term…
This type of suspension will keep Swift’s trademark from being registered in the near future (perhaps for a year or two). This can potentially cause issues with enforcement in instances where having the registration would be helpful.
The biggest takeaway of this case?
You can avoid the fate of Ophelia, but still have trademark problems.
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.
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