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I'm starting a lavender skin care product line and want to use the name that is already used as a song title. Can I do this?
I did a copyright search and "Lavender Ascension" is the name of a song, under the Type of Work: Music.
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I have already checked at the Trademark Office using TESS, and the name is not trademarked according to TESS Attorney answers (3)Best Answer - chosen by asker 
You want to use "Lavender Ascension" as a trademark. The fact that "Lavender Ascension" is the title of a song, subject to protection under copyright law, won't prevent you from doing that. The song, the lyrics are protected by copyright. The title, by itself, is not. There are probably dozens of coffee shops called "Java Jive" and submarine sandwich places called "Yellow Submarine." Get the picture?
If you need legal advice, talk to a trademark lawyer in Oregon. I'm not licensed there so don't take what I say as legal advice. It's just information based on general principles of law which is intended to educate. Good luck. 3 people marked this answer as good
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Reputation Level 15
Answered over 2 years ago.
Commercial Real Estate Attorney in New York, NY.
You need to check whether anyone has trademarked "Lavender Ascension" to make sure that your use will not infringe on anyone else's prior use of the mark. A copyright search is not enough to reveal a trademark application.
2 people marked this answer as good
As you've been advised, your question is really about trademark rights, not copyright rights. You need to find out whether anyone has trademarked "Lavendar Ascension," or any other similar name likely to confuse consumers (and this is a subjective call that a trademark lawyer can help you with) for the types of skin care products you want to make, class 3 cosmetics. You may other products or services in mind and other tradenark classes to be concerned with, so even more reason to see a trademark lawyer for help.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 3 people marked this answer as good
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