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Naming it without a problem later

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Naming in this category runs into a specific trap, because one of the permitted statements of identity for a drug product is the phrase everybody wants to use.

The name and the identity are different things

Your brand name sits alongside the statement of identity, not instead of it. Somewhere on the panel the product has to say what it is.

And here the identity options are loaded. "Lip balm" is one of three permitted statements of identity for a lip protectant drug product under 347.50. On a cosmetic it is an ordinary descriptive term and it is worth knowing it is doing double duty.

A cosmetic identity like "lip butter", "lip conditioner" or simply "for lips" sidesteps the overlap entirely, which is one reason those phrases are common on the shelf.

What a flavor name can imply

A name is a claim if it says what the product does. "Repair Stick" and "Rescue Balm" are claims with no sentence attached.

Flavor and material names are safe: Honey Lemon, Peppermint, Rosemary Mint. Descriptive names of feel are usually safe. Names that describe an outcome for the lip are not.

The same applies to a range name. A line called "Recovery" makes every product in it a candidate for a structure-or-function reading.

Searching before you print

Search the federal trademark register, search the app stores and the obvious domains, and search the handmade marketplaces where the name may already be in use without ever having been registered.

Do it before the labels, not before the launch. Labels are the expensive thing to redo and they carry the name most visibly.

The three names to check

The business name, the brand name and the product name are three separate searches, and people usually do only the first.

A clear business name with a colliding product name is the common and awkward outcome, because the product name is the one on ten thousand printed labels.

References

21 CFR 347.50, Labeling of skin protectant drug products. Statement of identity is "Skin protectant", "lip protectant" or "lip balm"; the indication for a lip protectant is the prescribed phrase "temporarily protects and helps relieve chapped or cracked lips", with defined optional additions. ecfr.gov
US Food and Drug Administration. Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?). Intended use, established by claims, is what decides. fda.gov
US Food and Drug Administration. Summary of Cosmetics Labeling Requirements. fda.gov
Written from the federal regulation and FDA guidance named on each page, not from a laboratory or a legal practice. Whether a particular formula and a particular label make a cosmetic or a drug is a determination about your product, and this is not that determination.