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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
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Experience:  Retired (mostly)
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Hi I want to register the name Beauty for Mankind but there

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Hi I want to register the name Beauty for Mankind but there is a company called 7 for all mankind and a few others that use mankind in their name. My company will sell cosmetics and 7 sells clothing. Would I be infringing on their mark?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 1 year ago.
I don't believe that Beauty for Mankind, as a cosmetics manufacturer, would infringe on Seven for all Mankind, because Seven doesn't market cosmetics. I cannot discuss other trademarks, because I don't know what they are.

I could see a possible legal action to test your right to use the trademark, and the cost to defend the action could put your new enterprise into bankruptcy (estimate $25,000 to defend). You could avoid this sort of risk by using something other than Mankind (which is somewhat paradoxic as a name for a cosmetics line, since as a general rule, men don't wear cosmetics -- where as men do wear denim, which is what Seven mostly sells).

You might want to consider Beauty for the World, ...for Humanity, ...for Earth,...for the Species -- also, consider changing the preposition for to of, instead (e.g., Beauty of the World, etc.).

I'm not try to challenge your creativity here. I'm just making some suggestions so as to reduce your risk profile, so that no large manufacturer actually starts the legal machinery rolling against you, just to see if you will cave in.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34394
Experience: Retired (mostly)
socrateaser and 3 other Intellectual Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for this insight and suggestions. Its interesting that you see "Mankind" as a reference to the "male" species. My intent was to offer this to both the women and men, but you make an interesting point. I wonder if others will view the name "Mankind" in a similar way. Also,"7 for all mankind" just registered a trademark "for opposition" to sell the following:toiletries and cosmetics, namely, soaps for skin, hair shampoo, perfumery, perfumes, room fragrances, body sprays, colognes, essential oils for personal use, cosmetics, hair lotions and body lotions.


 


However, there are several other brands who use the name Mankind particularly one called "Parfum for Mankind" that is also registered and not affiliated with the 7 brand.


 


So does this still mean that I cannot or should not use "Beauty for Mankind"

Expert:  socrateaser replied 1 year ago.
Choosing a trademark/brand name, in my view, is a combination of: (1) a name that will not confuse ordinary consumers as to the source or affiliation of a product or service; (2) a name that is sufficiently fanciful or arbitrary, such that no existing competitor will decide to try to challenge your name, for the principal purpose of creating litigation expenses for you as a means of defeating your competitiveness; and (3) a name that will hopefully, click with the media and celebrities -- because if it does with those groups, then the product or service will be recognized by the general consuming public.

The choice of a name is much legal as it is artistic.

Knowing that Seven already exists, makes the use of the term, Mankind per se risky. If you already know that there are competitors already in or entering into the same name space as you contemplate entering, to me, is to assume an unnecessary risk.

If it were me, I would simply choose a name with no risk of infringement, so that I could concentrate my efforts on creating and marketing the product, rather than on whether or not the trade name would survive legal challenge.

Hope this helps.

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