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Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. Thanks for asking for me. I will review the prior discussion in the morning and get back to you then. When do you think you will be ready to start marketing your product in the US and in what states? Will you be marketing online?
I looked at the prior question which brings me up to speed. If you proceed to trademark your name you can do as I said in my original post. My concern is more practical than legal. You are already seeing confusion between your site and the Australian site. Is there a name that you might consider just as good as the d/b/a you have to avoid the headache that you are already experiencing even before you begin your marketing. That distraction can detract from your ability to rapidly expand your brand under your own unique name. Another option is to trademark Smitten Cosmetics but market it under your own unique brand name. So you could have a unique brand name called "Channel" and Smitten Cosmetics by Channel would be how it is marketed. You own the domain name for Smitten Cosmetics and you could have all traffic to that site directed to your Chanel site. This is an option you might consider.
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Thanks, Richard; I wouldn't have thought to structure the marketing this way! I greatly appreciate your advice.
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