An Entrepreneur’s Journey to Protect IP: Caire Beauty

To succeed as an entrepreneur, creativity, passion, and motivation are essential, but perhaps the most crucial trait is resourcefulness. This is especially true when starting a small business, where funding can be a significant hurdle—particularly for women-owned enterprises. In the U.S., only about two percent of venture capital funding goes to female-founded companies, and an even smaller fraction, just 0.34 percent, is allocated to startups led by Black women or women of color.

Caire Beauty, a skincare brand focused on mature skin, is a shining example of entrepreneurial resourcefulness. Co-founded in 2020 by Lorrie King and her business partner Celeste Lee, the company has navigated the challenges of securing funding and managing startup costs with determination. While they have received some funding and continue to fundraise, many of the operational tasks still rest on the founders. Lorrie King’s background as a former global marketing director at a major beauty company proved invaluable in the process. She leveraged her professional network, attended business events, and even reached out to trademark examining attorneys at the United States Patent and Trademark Office (USPTO) to guide her through the brand’s trademark protection efforts.

As a business owner, Ms. King understands that trademarks are a valuable component of her company’s overall brand equity and goodwill. However, without the budget to hire a professional trademark attorney, Ms. King took matters into her own hands. She successfully applied for and obtained U.S. trademark registrations for Caire Beauty’s key assets, including trademarks for “CAIRE,” “CAIRE BEAUTY,” “THE FUTURE HAPPENS EVERYDAY,” “SKINCARE FOR GROWNUPS,” and “DEFIANCE SCIENCE,” among others. However, this achievement didn’t come without challenges—there were steep learning curves, significant time investments, and some financial losses along the way.

Though Ms. King recognizes the benefits that experienced trademark attorneys offer, tight startup budgets often mean such expenses must be allocated elsewhere. Many trademark attorneys offer flat fees for services like screening and registration, which can help entrepreneurs understand the process, timing, and costs upfront. Legal professionals can provide strategic guidance, identify risks, and help avoid common pitfalls, potentially saving both time and money. However, in Caire Beauty’s case, hiring a lawyer wasn’t feasible, so Ms. King adapted, relying on her marketing expertise and network.

Fortunately, Ms. King had access to professional trademark search software (beyond just the public USPTO records) to check if the name “CAIRE” and other brand names were available.  She also remained vigilant about communication from the USPTO, knowing that deadlines for maintaining trademarks are critical. Missing these deadlines can result in the abandonment or cancellation of applications—an all-too-common fate for businesses without trademark counsel.

Networking also played a pivotal role in Ms. King’s success. Attending networking events helped her build connections, which are vital for any entrepreneur looking to collaborate and grow. At one such event, she met a patent attorney who generously provided pro bono services to secure a patent for one of Caire Beauty’s skincare formulas. Additionally, during the trademark application process, Ms. King reached out to friends with trademark knowledge for guidance and frequently contacted USPTO examining attorneys for clarification on issues and requirements, though these examiners are unable to provide legal advice.

For small and medium-sized enterprises (SMEs) like Caire Beauty, Ms. King recommends exploring resources from the International Trademark Association (INTA). INTA offers free online tools specifically designed for SMEs, including a Start-Up Survival Kit, links to no-cost legal services through the INTA Pro Bono Clearinghouse, and a wealth of educational materials. These resources offer insights on branding and trademark protection and even share success stories from other SMEs—like Caire Beauty’s.

Since its founding during the COVID-19 pandemic, Caire Beauty has achieved remarkable milestones. The company has secured seven U.S. trademark registrations, partnered with celebrity chef and author Carla Hall, and won the prestigious 2023 Oprah Daily Beauty O-Ward for “Best Midlife Hydrator.”

Entrepreneurs, like trademark attorneys, are tasked with finding creative, cost-effective solutions to overcome challenges. The key is to be resourceful, collaborate with experts, and never underestimate the power of determination. With this approach, even the most daunting obstacles can be turned into stepping stones to success.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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