Boca Raton, FL asked in Trademark and Intellectual Property for Florida

Q: Should I talk to the other company using similar name as mine? I fear future problems. Mine is trademarked for skincare.

I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is trademarked in 2023 for all cosmetic, skincare and sunless lotions use. Can there be a conflict? Should I have trademarked playa without giving importance to the skin part? What should I do? We have been working with a lab developing the products since 2022. Haven’t launched yet and the other person is promoting her as coming soon too. I’m sorry there was an error while writting the name of the brand.

1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Trademarks Lawyer
  • Beverly Hills, CA

A: PLAYA ("beach") has been registered by Playa Products, Inc. for cosmetics since 2020, based on use since 2017. Unless your use of PLAYA for skin care products was earlier than 2017, you would be denied federal registration for that mark. There is no current or pending application to register, so I don't know what you mean by saying you have "trademarked" it. You should consult an experienced trademark attorney to determine whether your proposed usage would infringe the existing registration.

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