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

Q: I see a company using a very similar name as mine for a skincare business.

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 showing as live in the trademark page, I started it now in 2023 for all cosmetic, skincare and sunless lotions use. Can there be a conflict? Should I have trademarked the word PRAIA 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 products as coming soon too. I did open a page on all social media since 2022, before the other person. Can a receipt be a proof of use? Or instagram and Facebook pages that show the date when they were created?

1 Lawyer Answer
James L. Arrasmith
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A: In a situation where two skincare businesses have similar names, it's recommended to consult with a trademark attorney for specific guidance. Trademark protection is typically granted to the first user of a distinctive mark in commerce. While your use of "Praia skin" predates the other person's use of "Praia skinCARE," it's important to consider the overall similarity and potential for confusion. Trademarks are usually granted based on specific goods or services associated with the mark. Receipts and social media pages can help establish a timeline and demonstrate your intent to use the mark.

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