Elkridge, MD asked in Trademark for Maryland

Q: Skinlights is a trademarked word, can I instead use Skin Lights (with a space) or Radiant Skin Lights?

I’m a independent cosmetic brand and skinlights is trademarked by Revlon.

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3 Lawyer Answers
Bill Hulsey
PREMIUM
Bill Hulsey
Answered
  • Trademarks Lawyer
  • Austin, TX

A: It depends on the use of the prior mark. If in a non-related channel of commerce where there is no likelihood of confusion, there could be some options for you.

Bill Hulsey / bill.hulsey@hulseyiplaw.com / 512-478-9190 / www.HulseyIPLaw.com

Barbara Berschler
Barbara Berschler
Answered
  • Trademarks Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Not likely. Changing the order of words or adding words is not the test. Rather it is whether a consumer would be confused about the source of the cosmetics. Based on what you say, the core of the mark consists of "skin" and "lights." Revlon will not let it go. Best to rethink your strategy.

David Allan King agrees with this answer

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: It is possible that the registered trademark owner of "Skinlights" would view your use of such a similar mark(s) in a related class/category to be an infringement of their registered trademark due to likelihood of confusion and dilution of their trademark. You may also receive an office action/rejection of your registration by the USPTO due to this similarity with a registered trademark. Speak with an attorney before you proceed.

David Allan King agrees with this answer

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