March 2022

Legally Beauty – The Trademark Endcap


Alisa Won, Kelly McCarthy

Whew! We are fresh off the closing of Youth to the People’s sale to L’Oreal USA and the signing for the acquisition of ILIA Beauty.
Now that we can catch our breath here for a sec – we were thinking it’s a great time to offer a few reminders about your brand portfolio. Nothing like going through another sales transaction to refresh everybody’s recollection! So here is some food for thought, and if you’d like to chat about any of this for a sanity check, just reach out to either of us. Or both of us!

Protection in China:

  • Even if you’re not quite ready to sell your products in China, it’s honestly never early enough to look at what rights you have there.
  • That’s because registrations in China are great for your own brand expansion/value but also to block bad actors from profiting from your brand’s high-quality reputation. Don’t let them beat you to the trademark office.
  • Also ask yourself – do you own registrations in your core goods classifications as well as related categories? Does it make sense to consider locking down your preferred Chinese characters for your brand?
  • Evaluating whether to expand your portfolio in China reflects strategic thinking on your part and can be a value add to your brand from a buyer’s perspective.

Why Global Coverage Matters:

  • You’ve worked hard to develop your brand in your core markets – only to find out later that some enterprising person registered the same trademarks in your potential expansion countries! Huh?
  • What’s a cost effective way to head that problem off? Use a watch service to notify you as soon as someone files for your trademark anywhere in the world! It’s awesome!
  • We review the results of the watch service for you – we know what to look for – and alert you to any suspicious and relevant activity (at a low monthly flat fee 😊).

Brand Expansion and Product Development:

  • Has your trademark portfolio kept up with your product line expansion? Did your brand get its start in skincare but you have now expanded to color?
  • Did you add a fabulous line of cosmetic bags, hair care products or make-up brushes?
  • It’s fantastic that your brand’s success fuels growth for other products. Just keep in mind you may not yet have protection in those categories!
  • Whichever way the market has taken you, make sure your registrations are aligned with what you sell.

©2022 Sideman & Bancroft LLP. All rights reserved.

Sideman & Bancroft LLP
One Embarcadero Center
Twenty-Second Floor
San Francisco, CA 94111 415.392.1960 Tel
415.392.0827 Fax