Legality of Naming a Fragrance After a Biological Compound

[ahask]

Hello, I operate out of both NY and CA.

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and cosmetics company.

I understand that for beauty and cosmetic products, including fragrances, names that imply specific health benefits or physiological effects may attract scrutiny from regulatory bodies such as the FDA. My question is whether the use of such a name is legally permissible in itself, or if it could be problematic.

Also, would adding a disclaimer such as "Not really" or "en realidad no Androstenol" mitigate potential legal or regulatory issues, or would it still be considered problematic?

I am trying to assess the legality of existing brand names in this context and would appreciate any insights or advice on this matter.

Thank you!

 

[adjusterjack]

I am seeking guidance on the legality of naming a fragrance after a biological compound

Then you should be consulting an attorney with the appropriate experience.

something like

As we routinely tell people who post here, it does you no good to get an opinion on something other than what you are actually making.

"something like" doesn't count.

would adding a disclaimer such as "Not really" or "en realidad no Androstenol" mitigate potential legal or regulatory issues,

No, not a bit.

I am trying to assess the legality of existing brand names in this context and would appreciate any insights or advice on this matter.

An intellectual property attorney would know how to do that for you.

 

[ahask]

Thanks for your reply. Would an IP attorney advise me on the legality of it with the FDA? Or would that fall under a different area of expertise?

 

[quincy]

Hello, I operate out of both NY and CA.

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and cosmetics company.

I understand that for beauty and cosmetic products, including fragrances, names that imply specific health benefits or physiological effects may attract scrutiny from regulatory bodies such as the FDA. My question is whether the use of such a name is legally permissible in itself, or if it could be problematic.

Also, would adding a disclaimer such as "Not really" or "en realidad no Androstenol" mitigate potential legal or regulatory issues, or would it still be considered problematic?

I am trying to assess the legality of existing brand names in this context and would appreciate any insights or advice on this matter.

Thank you!

https://www.fda.gov/cosmetics/cosmetic-ingredients/fragrances-cosmetics#:~:text=Many products we use every,regulated as cosmetics by FDA.

https://www.uspto.gov/trademarks#trademarks-0

You should speak with an intellectual property attorney in your area for advice on using “Androstenol” as a name for your fragrance (a quick search shows it could conflict with similarly named products). You should also discuss with the attorney the potential problems (e.g., misleading , deceptive, descriptive) when trying to use any chemical or biological compound as the name/trademark for your product.

 

[Taxing Matters]

There are three problems I see with your idea. First, by using the name of a biological compound as the name of your product you'll be implying that your product contains that compound. If it doesn't that's likely to be considered misleading. Second naming your product after a biological compound will make for more problems in protecting the name as a trademark. Finally, using it as a product name may also imply to customers that your product is generic (like seeing a box in the supermarket that just says "cereal" for generic cereal). That may stand in the way of you developing a higher class image for your product, if that's what you're going for. It'd be a very good idea to consult an IP attorney for the potential legal issues and a marketing expert for a sense of what kinds of marketing problems you might have using that name.

 

[quincy]

It is important to remember that the main purpose of a trademark is to distinguish your goods (and services) from those of all others. You want your trademark to be distinctive, to stand out, so consumers will recognize your brand and, hopefully, purchase from you again.

Strong trademarks are those that accomplish this purpose not by describing the product (which is best done through marketing and through ingredient labeling) but by creating a unique trademark that cannot be confused with any other similar products on the market.

Unique trademarks can be “arbitrary” marks, the names of which have little or nothing to do with the goods themselves (like Penguin for books, Diesel for clothing), or they can be “fanciful” marks, which are invented or coined words (like Adidas, Google, Spotify), or unique trademarks can even be “suggestive” marks, which do not quite describe the goods but suggest or imply them (like Roach Motel).

Your “Androstenol” example for a fragrance name has more than just the potential issues outlined by me and Taxing Matters - possibly deceptive or misleading, and being a weak “descriptive” mark, which typically would offer it less protections under trademark law. Another issue for you would be that a name similar to Androstenol is already a registered trademark for fragrance.

At any rate, sitting down with a trademark attorney in your area to discuss the naming of your fragrance would be smart and is advised.