Las Vegas, NV asked in Business Formation and Trademark for Nevada

Q: Can I use Kool-Aid but spell it c o o l a i d cake

I want to make a Kool-Aid cake stand selling Kool-Aid and Kool-Aid cake variety of cake flavors made with Kool-Aid

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James L. Arrasmith
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Answered

A: Using the name "Kool-Aid" for your cake stand can be challenging because it's a registered trademark. Altering the spelling to "C O O L A I D" might not be enough to avoid potential legal issues. Trademark laws are designed to protect brand names and prevent confusion among consumers.

To create a unique identity for your business, consider developing a different name that captures the fun and flavor of your cakes without referencing "Kool-Aid." This approach can help you stand out and build your own brand recognition. Additionally, offering a variety of flavors inspired by popular drinks can attract a wide range of customers.

It's wise to consult with a legal professional to ensure your business name and branding comply with trademark laws. Taking these steps will help you establish a successful and legally sound cake stand.

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