I'm starting an eco-friendly and sustainable personal care company, beginning with toothpaste and mouthwash tablets. These are small tablets that dissolve in the mouth for brushing or can be used as mouthwash. They have a similar taste and feel to regular toothpaste and mouthwash. We plan to expand our product line to include refillable personal care items like shampoo and shower gel, as well as household cleaning products.<p>We've chosen a somewhat generic word for our brand. However, we've discovered that a third party filed a trademark application for this word in March 2023. Their application, still pending, is under the classification 003, and their description is for "Non-medicated skin care preparations, namely, cleansers, moisturizers".<p>My concern is about potential trademark infringement. I want to that generic name as a company name, and besides oral care initially, we also want to focus on personal care and even household products down the line. Given the existing trademark application in a similar product category, would using this name for our business infringe on their trademark?<p>I would also like to consult with a trademark lawyer if anyone can recommend someone that would be great.
> Given the existing trademark application in a similar product category, would using this name for our business infringe on their trademark?<p>Assuming the trademark is granted: Depends on the products themselves and factors ranging from respective marketing claims to whether or not the other company wants to pursue legal action.<p>Further, they can also cause major complications for you on Amazon if they pursue Amazon Brand Registry and then you attempt to use Amazon as a sales channel. They can claim the brand on social media channels, too.<p>For anything related to topical creams, personal care, edible items, or health products, I would dig deep into the health and safety requirements and certifications required for retail sale and sale through major online channels. In recent years, Amazon has cleaned out mom & pop supplement operations by forcing expensive lab tests and certifications.<p>Consult with an IP lawyer who has worked on personal care products if possible. They will have more relevant insights than someone specializing in technology patents or copyright.