Legal Question in Intellectual Property in California

No. Spending the time and money to register a trademark can wait, at least a little while. Obtaining a trademark is, like insurance, a way to protect yourself, and is not mandatory.

What you should do right away, if you haven't already done so, is to make a diligent search to determine that your proposed brand name(s) will not infringe someone else's.

A trademark application can be made based upon either (1) intent to use the mark in interstate commerce; or (2) use of the mark in interstate commerce. Method #1 serves as a way to tie up a particular mark for awhile, while you get up and running.

Trademark applications can be done on line, but it is not easy, cheap or quick.

Trademark searches (and applications) can be done via www.uspto.gov

You should probably buy one or more paperback self-help law books on the subject.

Another issue is that cosmetics are regulated by the Food and Drug Administration, and unless your cosmetic product is on the list of compounds that are generally recognized as safe, you will have to spend millions of dollars testing the product and proving to the FDA that it is safe. This is why there are no small cosmetics businesses.

It would be worth it to you if your product becomes successfull to hire a attorney to register the trademark for you. Contact me directly.