Q: Lets say there is a Trademark for "Pinky Skin", can we trademark "Pinky Skin!" or "Pinky Skin Co"?
Lets say "Pinky Skin" is trademarked back in 2018
IC 003. US 001 004 006 050 051 052. G & S: Cosmetics
but they are not using it anywhere on their products, websites, or social media. Feels like they just got it and they decided not to use it.
We wanna launch a product in the skincare and beauty niche can we get it trademarked as "Pinky Skin Co" or "Pinky Skin!" or there needs to be a more distinctive differentiation?
I checked USPTO and there is no result for "Pinky Skin Co" or "Pinky Skin!".
I understand a thorough search by a lawyer is gonna be needed to be 100% sure however, theoretically speaking would these distinctions I suggested here work?
Thank you in advance
A: Theoretically speaking, you need to be sure it is not only similar in words, but also in appearance and sounds, to any marks used or applied for by other parties. You are right, unless a thorough search is complete, nobody can say for sure.
Marcos Garciaacosta agrees with this answer
A: Agree with Ms. Liang. And in reality and theoretically you will get that application rejected and you should consult with an attorney to evaluate your risks.
A:
You should consult with a trademark attorney!
Not only regarding conducting a comprehensive search, but there may be other avenues to proceed that lead to trademarking the mark you want.
Most attorneys like myself don't bite!
Feel free to reach out to someone.
Best wishes
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