birdcharm Posted October 20, 2020 Share Posted October 20, 2020 I realize that some creative names for scents may be trademarked, but I recently was poking around and saw a candle seller who seems to feel they can actually trademark scent names such as French Vanilla, Butter Rum, Mint Chocolate Chip, Sugar 'n' Spice, Chocolate Mocha, Pina Colada, Mandarin Orange ... how can it be? Then there are others, which are scent names that I've seen available for years & years, Mulled Cider, Strawberry Fields, Cinnaberry. All of these names have a "TM" placed after them in their line-up. So does this mean that they think other candle makers or candle companies should not be permitted to use these scent descriptions? I'm confused. 🤨 Quote Link to comment Share on other sites More sharing options...
TallTayl Posted October 20, 2020 Share Posted October 20, 2020 people are funny. A quick TESS search shows they are not being truthful. Exhibit A) the only French Vanilla currently active is for a particular variety of marigold. Exhibit Pina Colada In order for a trademark to be defensible it must first be registered - which is a daunting and expensive process. The name registered must be exactly as used for specific categories. Bless their hearts. 1 Quote Link to comment Share on other sites More sharing options...
TallTayl Posted October 20, 2020 Share Posted October 20, 2020 For anyone wishing to search trademarks for funsies, here is the link to the USPTO - TESS system: http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4803:2gar44.1.1 1 Quote Link to comment Share on other sites More sharing options...
Marisa11 Posted October 20, 2020 Share Posted October 20, 2020 28 minutes ago, birdcharm said: I realize that some creative names for scents may be trademarked, but I recently was poking around and saw a candle seller who seems to feel they can actually trademark scent names such as French Vanilla, Butter Rum, Mint Chocolate Chip, Sugar 'n' Spice, Chocolate Mocha, Pina Colada, Mandarin Orange ... how can it be? Then there are others, which are scent names that I've seen available for years & years, Mulled Cider, Strawberry Fields, Cinnaberry. All of these names have a "TM" placed after them in their line-up. So does this mean that they think other candle makers or candle companies should not be permitted to use these scent descriptions? I'm confused. 🤨 @birdcharm I think someone has been sniffing too much straight FO. I would be interested to meet that persons lawyer. what a kook! If it is a legit "TM" I thought it was just for the name itself not necessarily the description. I could very well be wrong. I am sure if anyone is spending the money to trademark the scent name it would need to be visible in your terms of use. I think a lot of people still use certain names thinking they won't get caught. That's most likely the case too if you're small potatoes. That's why a lot of dupes you will see have "type" in the name or they change it all together like Natures Garden instead of Fruit Loops they call it Fruity Rings and for Victorias Secret Love Spell they call it loving spell and in their descriptions they say its similar to and they have no association with the company. I think even with the scent descriptions you might even have to tread carefully but on that part I am not 100% sure. I personally wouldn't want to push my luck. I have heard of people receiving letters from lawyers. I know the sports world is very strict on people making money on their trademarks. Trademarks BBWD retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of BBWD and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. You are also advised that BBWD will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution. Quote Link to comment Share on other sites More sharing options...
birdcharm Posted October 20, 2020 Author Share Posted October 20, 2020 (edited) This is interesting ... well, I don't know what to say. It sure looks to me as though they've TM'd these scent names, I'll let those interested look for themselves ... here (link). Edited October 20, 2020 by birdcharm just to clarify ... they may have TM'd them in their own minds, not legally Quote Link to comment Share on other sites More sharing options...
bfroberts Posted October 20, 2020 Share Posted October 20, 2020 53 minutes ago, birdcharm said: This is interesting ... well, I don't know what to say. It sure looks to me as though they've TM'd these scent names, I'll let those interested look for themselves ... here (link). Thank you for the link. I can't even take that website seriously. 1 Quote Link to comment Share on other sites More sharing options...
TallTayl Posted October 20, 2020 Share Posted October 20, 2020 1 hour ago, birdcharm said: This is interesting ... well, I don't know what to say. It sure looks to me as though they've TM'd these scent names, I'll let those interested look for themselves ... here (link). that owner had better hope to have not ticked anyone off lately... the domain is available, and the other name is not trademarked with the USPTO. Someone else could grab them and go. Quote Link to comment Share on other sites More sharing options...
Marisa11 Posted October 20, 2020 Share Posted October 20, 2020 Yes thank you for the Link. I am laughing. Trademarked LOVE? Quote Link to comment Share on other sites More sharing options...
BusyBee Posted October 20, 2020 Share Posted October 20, 2020 "TM" is an unregistered trademark. What does that mean? They don't have to register with any appropriate government agency, and they don't have any legal protection. They cannot sue anyone for damage claim. I can claim TM on all of my products, but why bother when there is no protection? Even those registered trademarks with ®, not everything is protected. Every trademark is case by case, and it needs to searched for how they are actually registered for. It is expensive process to search in details. So it would be better to stay away from ®. 1 Quote Link to comment Share on other sites More sharing options...
Marisa11 Posted October 21, 2020 Share Posted October 21, 2020 @BusyBee thank you for your words of wisdom. I wonder why they felt the need to do it on some but not all? Well not my candles, not my problem. Quote Link to comment Share on other sites More sharing options...
franu61 Posted October 21, 2020 Share Posted October 21, 2020 jasmin and pumpkin spice Quote Link to comment Share on other sites More sharing options...
birdcharm Posted October 21, 2020 Author Share Posted October 21, 2020 The TM symbol seems really out of place when it's put after common scent names we've seen available at suppliers for decades, as no company can claim it as their own. Certainly those names are not their creation. I think it looks tacky because those scent names are not "theirs" in any way and to mark them as though they've taken some sort of possession of them is ridiculous, as it's a false claim. Many of us have come up with creative scent names, but even if we place a TM next to it, it doesn't mean that somebody couldn't come along and actually register it, then tell us we can 't use it. Yet, doing so may offer some protection, I'm not sure. But, for common scent names such as these, that's puzzling! Quote Link to comment Share on other sites More sharing options...
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