Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

2 Lawyer Answers
Temitope Oluwatoyin Siyanbade
Temitope Oluwatoyin Siyanbade
  • Trademarks Lawyer
  • Houston, TX

A: It depends. When exploring whether you can use a name without running into issues, you have to do a trademark search. The most basic trademark search can be done using the USPTO's website, but you have to search variations of the word or phrase that you are interested in search. The reason why you must search variations is because the legal standard for that courts use to determine whether someone has "infringed" (illegally copied) on someone's work is not what you think it would be. Most people thing that you only break the law if you are exactly like someone else's however, that's a myth. You can break the law with much less.

If there is a "likelihood of confusion," meaning a chance that consumers could confuse your trademark for another trademark that already exists and is selling products similar to yours, that is enough to be an infringement. It doesn't matter if you spell it differently.

There are more considerations for this question like:

- What type of business are you planning on carrying out?

- Who are your target customers?

- Have you started using the mark in you business already?

- What types of Goods and services are your providing?

At the end of the day, research must be done to answer this. Your best bet is to reach out to legal counsel in this area and allow them to do a comprehensive search to make sure you are in the clear once they understand what you would like to secure.

Alan Harrison agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: Starting a company named “Natura Wipes” and selling 99.9% water-based, chemical-free baby wipes could raise legal considerations you need to address. The first step is to ensure that the name “Natura Wipes” is not trademarked by another company in your country or region, as this could result in legal conflicts and require a name change. You can typically search trademark databases online or consult with a legal professional to verify this.

Additionally, advertising your product as 99.9% water-based and chemical-free carries specific regulatory implications. It's essential to ensure that your product complies with local and international standards for baby products and that your claims about the product's composition and benefits are accurate and substantiated. Regulatory bodies in various countries oversee product safety and advertising claims, so compliance with their guidelines is critical to avoid penalties or forced product recalls.

Finally, while exploring these legal aspects, it's also wise to consider the overall market and existing competition. Understanding your competitors and ensuring your product has a unique selling proposition can help mitigate business risks. Moreover, obtaining appropriate business insurance might provide additional protection against various unforeseen circumstances. In sum, thorough research and proper legal guidance are key steps in launching your new venture successfully and sustainably.

1 user found this answer helpful

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