Sebleo Posted March 26, 2018 Share Posted March 26, 2018 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? 1 Quote Link to comment Share on other sites More sharing options...
Faerywren Posted March 26, 2018 Share Posted March 26, 2018 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". 3 Quote Link to comment Share on other sites More sharing options...
LitUp Posted March 29, 2018 Share Posted March 29, 2018 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. 2 Quote Link to comment Share on other sites More sharing options...
runner14jc Posted April 11, 2018 Share Posted April 11, 2018 A great resource to double check names before you settle on one is www.uspto.gov. If you click on trademarks, you can search trademarks and ensure that none of your product names are already trademarked for the same product category. 1 Quote Link to comment Share on other sites More sharing options...
franu61 Posted April 11, 2018 Share Posted April 11, 2018 On 3/26/2018 at 4:38 PM, Faerywren said: One of the big no no's is using a trademarked name and putting "type" after it. Wow, I did not know this! Changing all my "type" names right now. Thank you! 2 Quote Link to comment Share on other sites More sharing options...
ShelleyF Posted August 18, 2018 Share Posted August 18, 2018 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? Quote Link to comment Share on other sites More sharing options...
Faerywren Posted August 28, 2018 Share Posted August 28, 2018 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. 1 Quote Link to comment Share on other sites More sharing options...
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