Using Trademarked Ingredient Names and Proper Labeling (INCI) for Cosmetics
Question
Regarding ingredients with trademarked names like LipidSoft™ Lite:
- Do these names have copyright or other restrictions?
- Can I use ingredients purchased under these trademarked names (e.g.,
LipidSoft™ Lite) in my own cosmetic formulations? - How should I properly label my finished product regarding these ingredients, especially concerning FDA (อย.) regulations and the use of INCI names?
Answer
Understanding Trademarks and Using Ingredients in Your Own Products
You asked about ingredients like LipidSoft™ Lite and whether they have copyright or if you can use them in your own branded products.
Here's a breakdown:
Trademarks vs. Copyright: The symbol ™ indicates a trademark, not a copyright. A trademark protects a brand name, logo, or slogan used to identify and distinguish goods or services (like "LipidSoft™ Lite"). Copyright protects original works of authorship (like books, music, or art).
Ingredients are Not Copyrighted: The chemical ingredients or formulations themselves are generally not protected by copyright.
Using Trademarked Ingredients: You can purchase ingredients sold under a trademarked name (like LipidSoft™ Lite, which is based on Isononyl Isononanoate) and use them as components in your own cosmetic formulations. You are buying the ingredient itself.
Labeling Your Product: The crucial point is how you label and market your final product. You must not use the trademarked name (e.g., "LipidSoft™ Lite") on your product label or in your marketing materials to refer to your finished product. Instead, you must use the ingredient's INCI name (International Nomenclature of Cosmetic Ingredients) on your product label, as required by regulatory bodies like the FDA (อย. in Thailand). For LipidSoft™ Lite, the primary INCI name is Isononyl Isononanoate.
Potential Issues: The only potential issue would arise if you used the trademarked name "LipidSoft™ Lite" to market your finished cosmetic product, as this would infringe on the trademark owner's rights. Using the ingredient correctly in your formulation and labeling it with the proper INCI name is standard and permissible practice.
In summary, feel free to use ingredients like those based on Isononyl Isononanoate in your formulations. Just ensure you label your product correctly using the INCI names and avoid using the supplier's trademarked trade names for your own finished goods.
Some products in our database that contain Isononyl Isononanoate include Hectorite Gel™, Isononyl Isononanoate Gel (Thixotropic), ReadyMix™ White (Isononyl Isononanoate Base), ReadyMix™ Iron Oxides Black (Isononyl Isononanoate Based), ReadyMix™ Iron Oxides Red (Isononyl Isononanoate Based), and ReadyMix™ Iron Oxides Yellow (Isononyl Isononanoate Based).
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