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saramandel
saramandel, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 13
Experience:  expertise in all stages of protecting intellectual property: patents, trademarks, copyrights, trade secrets
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There is a TM "Ponce De Leons Fountain of Youth", If I purchase

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There is a TM "Ponce De Leon's Fountain of Youth", If I purchase the water retail and use it in the manufacturing process, can I make and market a product and place on the packaging "made with water from the fountain of youth" ?

saramandel :

It would be better to refer to "Ponce De Leon's Fountain of Youth," water but to first get their permission.

saramandel :

From what you've written it is not clear whether your product adds other ingredients? If it is just repackaged and you just

saramandel :

refer to "made with water from the fountain of youth," you may run into trouble for possible misrepresentation

saramandel :

and even unfair competition claims in your state, although I am not an expert on Florida laws.

Customer:

Thanks, XXXXX XXXXX Ponce Deleon Fountain of youth is an archaeological park in St Augustine FL there TM is for Bottled water which they bottle from the spring on the property. They do not manufacture any other products. The cosmetic product that I want to manufacture has other ingredients, and the Water from the Fountain of youth is a small part in the manufacturing process. I was trying to avoid paying Ponce DeLeon Fountain of youth a Royalty for using there name. and thought of using "made with the water from the fountain of youth" or Made with the water from St Augustine's Fountain of Youth. Hope this makes my question a little clearer

saramandel :

Thank you for clarifying. I would suggest you go with "water from St. Augustine's Fountain of Youth," but best you check

saramandel :

that that mark isn't registered! (St. Augustine's Fountain of Youth)! You can check at www.uspto.gov under trademark search.

saramandel :

Good luck!

saramandel :

Not sure my reply went through. I suggest you use "St Augustine's Fountain of Youth" instead, but you will also have to check that the latter mark isn't registered! You can go to www.uspto.gov and do a basic trademark search. You might also see if they have a website and see how they use the name. Good luck!

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