Clear the name before it hits the shelf.

Non-medicated skincare, makeup, hair care and fragrance go in Class 3. Medicated products and supplements go in Class 5. Makeup brushes and sponges are Class 21, and salon or spa services are Class 44.

Words that describe what a product does or how it looks are hard to register on their own, and they're crowded. A distinctive word usually does more than a creative spelling. The USPTO refused ÄSTHETIK for skin serums even with the umlaut.

You should. The application has to be filed by the actual owner of the brand, which is usually your company, not the manufacturer. Make sure your manufacturing agreement says the name and the packaging design are yours.

Not usually. Start with the brand name. A product name is worth its own filing when you plan to build around it for years, like a hero product with its own following.

No. FDA facility registration and product listing are safety rules. Rights in a brand name come from using it and from a USPTO registration.

Yes. An intent-to-use application lets you file before you sell anything. You prove use later, once products are on sale, and your filing date still holds your place in line.

It depends on how close the name is and what they sell. Marketplaces have reporting tools, and most ask for a registration number, though Amazon also accepts a pending application. A registration makes every one of those steps easier.

Their U.S. brand pages don't list one as a requirement. Sephora's European brand prize application does ask whether you own or have applied for trademarks. Owning your name makes those conversations easier.

Sometimes. A portrait can be registered when it works as a brand, and some public figures have registered their likeness. If it's someone else's face, you need their written consent.

"Clean" has no legal definition. "Organic" follows USDA's rules when farm ingredients are involved, and "natural" claims have drawn FTC action. Words like these also make weak brand names, because they describe the product.

Cosmetics and non-medicated skincare are Class 3. Products sold to treat a condition, like medicated acne treatments, can fall in Class 5. A goods description in the wrong class leads to an Office Action, and you can’t add goods that fall outside what you originally described. Read more: How trademark classes work

No. A registration covers the mark you filed. A product sold and advertised under its own name is a separate mark, and if it matters to the business it may need its own search and filing. Read more: Product names vs the brand name

Sometimes, but they are the hardest marks to get. A color or product shape needs proof that customers already see it as your brand, and anything that does a job, like the fragrance of a perfume, can never be a trademark. Read more: Scent, color and bottle shape

The two most common reasons are a likelihood of confusion with an existing mark for related goods, and a name that merely describes the product. A full search before filing tells you how likely either one is. Read more: Descriptive beauty names

Amazon Brand Registry accepts a registered trademark or, in the US, a pending application, and the mark has to match the brand name shown on your products or packaging. Filing early is what gets you in.