Q: I am selling fall candles, can I use "Autumn Walk" on my candle? The word “Autumn” itself is trademarked in candles.
I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that infringement? As the word "Autumn" itself is registered as a trademark of Bath and Body Works under the candle category.
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A:
Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be enough to avoid confusion or a legal challenge.
Trademark law looks at whether your use of a term could cause consumers to be confused about the source of the product. Even if your intention is different, the use of "Autumn" in a similar product category can lead to disputes. It's important to be cautious with names that include trademarked terms.
You might want to consider choosing a name that does not include "Autumn" to avoid any potential issues. Exploring synonyms or other descriptive terms could help you create a unique and legally safe product name. Consulting a legal professional about trademark issues can also provide more specific guidance.
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