Porterville, CA asked in Consumer Law, Business Law, Trademark and Intellectual Property for California

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

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is very close in spelling. I did a little research on Jacquemus Trademark and saw they are under consumer goods as well as under a bit of beauty and skin. I'd like to understand this a bit more as it seems a bit complex and it if i need to consider changing my company name?

1 Lawyer 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
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.