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.
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
