Trademark issue, any help appreciated

[Julie in Tucson]

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What is the name of your state? Arizona
Hello everyone. I just received a letter asking me to cease using my business name of The Original Skin Store because they had trademarked the term "skin store". I did not apply for a Trademark because as I understood the law (and I know I am going to get smacked in the head for this!):

a generic mark is a mark that describes the general category to which the underlying product belongs. For example, the term "Computer" is a generic term for computer equipment. Generic marks are entitled to no protection under trademark law. Thus, a manufacturer selling "Computer" brand computers (or "Apple" brand apples, etc.) would have no exclusive right to use that term with respect to that product. Generic terms are not protected by trademark law because they are simply too useful for identifying a particular product. Giving a single manufacturer control over use of the term would give that manufacturer too great a competitive advantage. Under some circumstances, terms that are not originally generic can become generic over time (a process called "genericity"), and thus become unprotected. (as copied from Harvard Law school website)


So I thought my store name was too generic and did not apply. The name "Skin Store" seems even more so.

If I have to, I will change my business name (and trademark it!) and get on with my life, but if I am anywhere in the ball park with my reasoning, it would be nice to know as I am just a small internet business and this is going to be very painful. I just do not understand how "Skin Store" could be a protected name.

So: 1. Does the name the Original Skin Store infringe on a trademark of Skin Store?

2. Is there a time frame for claiming trademark infringement? I have been online for 8+ years.


I would like to add, I developed my own skin care line under the "The Original Skin Store" name, I only carry my products on this site, the other entity does not carry their own products but carries other companies lines. I have been operating under this name for over 9 years. These are all my formulations, under my company name and I only sell my products. I do not know if this makes any difference.

You have common law rights if you have already been using that name!

Have a lawyer review your use in detail and advise you.