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Trademarked Candle Names


Sebleo

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I'm having a hard time finding the info I need on the internet. Can someone help me with some info and/or links?

 

I'm trying to name a fragrance called Sun & Sea by LS that is a dupe of Sun & Sand which is trademarked. Can I use Sun & Sea, or is that too close to the trademark name? 

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You should be able to use Sun & Sea. One of the big no no's is using a trademarked name and putting "type" after it. People think if they add "type", they are okay to use the trademarked name. They would be wrong. What a trademark attorney told me once was to rename every dupe and, if I wanted, I could put a disclaimer on my items saying, "Similar to Aquolina's Pink Sugar" or "Our version of Bath and Body Works Secret Wonderland".

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On 3/26/2018 at 7:38 PM, Faerywren said:

You should be able to use Sun & Sea. One of the big no no's is using a trademarked name and putting "type" after it. People think if they add "type", they are okay to use the trademarked name. They would be wrong. What a trademark attorney told me once was to rename every dupe and, if I wanted, I could put a disclaimer on my items saying, "Similar to Aquolina's Pink Sugar" or "Our version of Bath and Body Works Secret Wonderland".

 

Exactly. Companies selling FO get away with just adding "type" to the name because with a trademark you have to actually trademark the name for different categories. Most companies only trademark it for candles or wax melts, almost none trade mark it for fragrance oils.

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  • 4 months later...
On 3/26/2018 at 6:38 PM, Faerywren said:

You should be able to use Sun & Sea. One of the big no no's is using a trademarked name and putting "type" after it. People think if they add "type", they are okay to use the trademarked name. They would be wrong. What a trademark attorney told me once was to rename every dupe and, if I wanted, I could put a disclaimer on my items saying, "Similar to Aquolina's Pink Sugar" or "Our version of Bath and Body Works Secret Wonderland".

I don't know this. Thank you. I have one called Bedazzle so just put similar to Victoria's Secret Love Spell and that's all I have to do? 

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On 8/18/2018 at 8:48 AM, ShelleyF said:

I don't know this. Thank you. I have one called Bedazzle so just put similar to Victoria's Secret Love Spell and that's all I have to do? 

You don't have to add the disclaimer. Using the disclaimer is good when you are selling online, so people who have smelled Love Spell or whatever have an idea of what your item smells like. When I did shows and markets people would ask me for Love Spell or Moonlight Path or some other dupe and I would say, "I have my version called (fill in name here)"  and let them smell it. I always preferred to rename my dupes and have them be original to my brand. Not associated with another company. 

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