Q: Is it legal to use the name "Love Spell" on a candle?
A:
It is possible that this phrase is protected under trademark law. In which case, the scope of your rights could be determined by any prior use of the same or similar mark.
Whether your use of a mark infringes on someone else's use hinges on a number of factors including:
(1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7) defendant's intent in selecting the mark, and (8) likelihood of expansion of the product lines.
Please consult with an experienced IP attorney before you start a new project.
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