> Given the existing trademark application in a similar product category, would using this name for our business infringe on their trademark? Assuming the trad

> Given the existing trademark application in a similar product category, would using this name for our business infringe on their trademark? Assuming the trademark is granted: Depends on the products themselves and factors ranging from respective marketing claims to whether or not the other company wants to pursue legal action. Further, they can also cause major complications for you on Amazon if they pursue Amazon Brand Registry and then you attempt to use Amazon as a sales channel. They can claim the brand on social media channels, too. For anything related to topical creams, personal care, edible items, or health products, I would dig deep into the health and safety requirements and certifications required for retail sale and sale through major online channels. In recent years, Amazon has cleaned out mom & pop supplement operations by forcing expensive lab tests and certifications. Consult with an IP lawyer who has worked on personal care products if possible. They will have more relevant insights than someone specializing in technology patents or copyright.