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alex reese
alex reese, Attorney
Category: Legal
Satisfied Customers: 3441
Experience:  BS, MS, JD
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I am looking regarding Trademarks. I recently started a

Customer Question

I am looking for advice regarding Trademarks. I recently started a company that will sell skin care lotions, creams, serums, etc.
We were in the process of filing Trademark. Our company is called "SkinNectar" It could also be changed to "Skinectar".
I just did a search and this was recently filed: https://trademarks.justia.com/866/61/alastin-skin-86661356.html
The word mark is "ALASTIN SKIN NECTAR". It looks to be one product or slogan for their brand, Alastin.
My question is would this stop me from attaining the trademark for SkinNectar at this point?
Submitted: 1 year ago.
Category: Legal
Expert:  alex reese replied 1 year ago.
hello, if that other company is involved in same or similar goods or services then you will most likely get a rejection based on the TM application for "Alastin Skin Nectar"....but if their TM has not been granted yet then you may still have a chance, and may be able to argue that you used the mark in commerce before them. You will definitely need a TM attorney to assist going forward if you want to oppose their trademark or just trying to get your own. That being said, I would look for a new name if possible if you believe this other company has been using the "Skin Nectar" mark before you....because the marks are very similar.