Important Trademark Information for Beauty Brands Seeking U.S. Federal Trademarks
Beauty brands thrive on the bonds and connections formed with their customers. However, if your beauty brand isn’t protecting itself by registering trademarks for its logos, slogans, and other defining features, then all the creative efforts you’ve invested into your brand could be lost to your competitors. Trademark registration is vital to ensuring that all of the things that your beauty brand uses to define itself remain yours and yours alone.
How Do I Know if My Beauty Brand Can Register a Trademark or Not?
Trademarking a beauty brand can be especially challenging because of the many different players involved in the industry. Many beauty brand start-ups find that the names or other items that they want to trademark have already been registered by another person or company. This can be very discouraging. However, registration doesn’t necessarily mean that a trademark is “active” with the United States Patent and Trademark Office (USPTO). If that’s the case, then that trademark could still be available for your beauty brand.
What are Some Problems Faced by Beauty Brands Registering Trademarks?
Two of the most frequently encountered issues faced by beauty brands trying to register trademarks are “common names” and “mere descriptiveness.”
Common Names
As hinted at above, commonly chosen names are going to be one of the biggest hurdles standing between your beauty brand and a successfully registered trademark. Because the beauty industry has been around for a very long time, most of the obvious names and designs have already been registered with the USPTO. Choosing a strong trademark name that works for your beauty brand can be challenging. Sometimes it can help to add an additional word if your trademark is a word that is commonly used.
Mere Descriptiveness
Another issue that beauty brands often run into is known as “mere descriptiveness.” Basically, a proposed trademark that is “merely descriptive” would be something that only describes the good or service in question, such as “Rose Perfume” for a rose-scented perfume. Trademarks that are merely descriptive will be rejected by the USPTO. To prevent this, consider “arbitrary” or “fanciful” trademarks consisting of made-up or entirely unrelated words for your beauty brand trademarks. Two of the most well-known examples of arbitrary or fanciful trademarks are “Pepsi-Cola” and “Coca-Cola.”
What Trademarks Should I Register for My Beauty Brand?
Beauty brands seeking out trademarks should act strategically when applying for registration. For example, startups will likely benefit from prioritizing their company name, while more established businesses might consider consolidating their intellectual property into a trademark portfolio to help streamline their efforts.
- Company Name – If you lose out on trademark rights to your company’s name, then you won’t be able to use it as a part of your branding and marketing efforts.
- Product Names – Trademarking your product names is a vital part of keeping them associated with your beauty brand.
- Product Designs and Models – Don’t overlook the designs of your products when considering trademarks for your beauty brand, as you can trademark things like bottle shapes and other product features if they’re unique and associated with your company.
- Logo – Logos are one of the most tried and true methods that the public uses to connect a product with a specific beauty brand. Trademark rights give you the ability to act against any competitors that might want to break that connection.
- Fragrances and Scents – Unique fragrances and signature scents can also be registered as trademarks for your beauty brand.
What Next Steps Should I Take if I Want a Trademark for My Beauty Brand?
Once you’ve narrowed down your beauty brand’s trademark options, consider the next steps:
1. Before you become too attached to your chosen trademarks, you should search for those names on Google to make sure that there aren’t any matching products already on the market. It doesn’t have to be an exact match – it’s enough for the product or name to be similar to your own. For example, the odds will be against you if you try to register ABC Shampoo if ABC Soap is already on the market.
2. Next, you’ll need to obtain a trademark search and clearance for your beauty brand trademark. This is a comprehensive search that uses the USPTO’s database to check against similar names and similar goods and services. For example, if ABC Perfume already exists as a trademark, then you probably won’t be able to trademark ABCD Perfume for your beauty brand.
3. Once you’ve done your preliminary research on your beauty brand trademark’s availability, then it’s time to engage with a trademark attorney who can help you apply and register with the USPTO. Trademark applications are a highly involved and complex process, and a lawyer’s legal experience and know-how will be a major asset when it comes to successfully registering your beauty brand trademark.
4. It’s important to know that your work won’t be finished after your trademark is registered. To stay active with the USPTO, your beauty brand trademark needs to be regularly maintained, monitored, and defended, which can be a full-time job in and of itself. This is yet another way that working with a trademark attorney can help make things easier for your beauty brand.