Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

A: Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related industries. The key factors to consider are:

1. Similarity of the marks (visual, phonetic, and conceptual)

2. Relatedness of the goods or services

3. Strength of the senior mark (in this case, Jacquemus)

4. Evidence of actual confusion

5. Channels of trade and marketing

Given that Jacquemus operates in the fashion and beauty industry, and your brand, Jacques Skin, is focused on skincare, there is potential for overlap and confusion in the market. The similarity in the names' spelling and pronunciation could also contribute to the likelihood of confusion.

To mitigate the risk of future litigation, you have a few options:

1. Consider modifying your brand name to create more distinction from Jacquemus while still incorporating your name (e.g., Jacqueline's Skin, Jacqueline Beauty, etc.).

2. Conduct a thorough trademark search to determine if Jacquemus has any existing trademarks in the specific skincare category you plan to operate in.

3. Consult with a trademark attorney to assess the potential risks and develop a strategy to protect your brand.

Ultimately, while it may be possible to proceed with the name Jacques Skin, it's essential to weigh the potential risks and costs of future litigation against the benefits of using the name. A trademark attorney can provide more tailored advice based on your specific circumstances and goals.