Chroma versus Khroma – Trademark Protection.
While trademark registration is not required for the protection of your valuable logos, designs, and other source identifiers, it may be smart business decision. Taking that extra step to protect what is yours will aid in enhancing the value of your company and your brand. When you work hard to create an identifiable, recognizable, and memorable brand, a trademark attorney can help you protect that asset. The more valuable that asset, the more money you can make.
Chroma Trademark Infringement Lawsuit.
In a recent article in Business Week, cosmetics maker Chroma Makeup Studio filed suit against Khroma Beauty, a new cosmetics line started by the Kardashian sisters, alleging trademark infringement.
Chroma, which was launched in Beverly Hills in 2000, is concerned that their high-end cosmetics line will be spurned by retailers who carry Khroma Beauty products. They fear these stores may not want to carry two similarly named makeup lines.
Chroma co-owner Lisa Casino said “We didn’t ask for this fight, but we have to stand up to protect what we’ve worked so hard for over the last 12 years.”
Chroma never filed for formal legal protection of its trademark, but Casino asserts it is protected because the company has operated under that name for a dozen years. A licensing company representing the Kardashians issued a statement on their behalf, saying Khroma Beauty had legal rights to its trademark and because their cosmetics are marketed in conjunction with the Kardashian brand, they did not believe there was a likelihood of confusion with Chroma.
Unfortunately, the lack of a trademark registration for Chroma now places them in a weaker position legally.
If this lawsuit proves anything, it is the importance for small companies to legally protect their trademarks and other intellectual property.
Don’t go it alone. Hire a trademark attorney who can advise you on every aspect of the process. Such as how to select a mark that CAN be protected, how to perform a comprehensive trademark search, how to appropriately use the correct trademark symbol, which trademark registration form to use, how to respond to USPTO Office Actions, and how to protect your trademark after it’s registered.
Until next time, I’m Trademark Attorney Francine Ward helping you protect what’s yours.
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