bella soy Posted June 1, 2006 Share Posted June 1, 2006 when you guys sell your candles is it illegal to name the candle the same as the company you bought the scent off of? I was sitting around thinking of some other names that I could name some of my scents but some you just cant rename and dont want to copy right infringe on anything Quote Link to comment Share on other sites More sharing options...
creativecandles Posted June 1, 2006 Share Posted June 1, 2006 No, usually it is fine to use the name from a supplier, as long as it is their oil. I tend to rename most of our scents, but there are some that are just too good to change Quote Link to comment Share on other sites More sharing options...
bella soy Posted June 1, 2006 Author Share Posted June 1, 2006 how how do I know which scents are theres??? Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted June 1, 2006 Share Posted June 1, 2006 It should be fine to keep the same names. Sometimes it makes it simpler because the existing name (e.g. raspberry) tells what it is supposed to smell like. It would also prevent someone from buying 3 differently named scents only to find out they're the same thing. Quote Link to comment Share on other sites More sharing options...
Jordan Posted June 1, 2006 Share Posted June 1, 2006 how how do I know which scents are theres???I think she meant that you can definitely use a supplier's scent name for your candle of the same scent. What may be a problem, is if you used a name for your candle that was from another supplier and/or was TM'd. Some scents are trademarked now, (by Yankme, etc) so you have to switch the names a bit, or add 'type'....but that is a different story. Quote Link to comment Share on other sites More sharing options...
candlebean Posted June 1, 2006 Share Posted June 1, 2006 I think she meant that you can definitely use a supplier's scent name for your candle of the same scent. What may be a problem, is if you used a name for your candle that was from another supplier and/or was TM'd. Some scents are trademarked now, (by Yankme, etc) so you have to switch the names a bit, or add 'type'....but that is a different story.Exactly - for example "Midsummer Night" and "Home for the Holidays" are trademarked names...but you can't trademark something found in nature like Raspberry or Lilac...A lot of (supply) companies will let you use the name they have for a scent as long as you promise to buy the scent directly from them.I hope this helps! Quote Link to comment Share on other sites More sharing options...
Sab Posted June 1, 2006 Share Posted June 1, 2006 I'm trying to get the trademark thing straight as well. So Cucumber Melon can't be trademarked? Quote Link to comment Share on other sites More sharing options...
bella soy Posted June 1, 2006 Author Share Posted June 1, 2006 Jordan Is that really you in that picture????lol...very cute Quote Link to comment Share on other sites More sharing options...
candlebean Posted June 1, 2006 Share Posted June 1, 2006 I think that cucumber melon can be trademarked because there is no such fruit as a cucumber melon. but I think if you called it cucumbers and melons, you would be ok....I'm not 100% sure, but it's the best I can do. Quote Link to comment Share on other sites More sharing options...
sockmonkey Posted June 2, 2006 Share Posted June 2, 2006 People can try to trademark/copyright anything--remember Donald Trump and the phrase, "You're Fired" he tried to trademark that. Paris Hilton has tried to trademark "That's Hot."I personally think it's a wise idea to change the name of everything, no matter the source. If you switch names, that makes it harder for copycats to try and duplicate your stuff. Believe me, your competitors will be at shows, sniffing your stuff and if they find something they like, you can bet they will rush and look it up on the internet. Quote Link to comment Share on other sites More sharing options...
Candle Man Posted June 2, 2006 Share Posted June 2, 2006 I personally think it's a wise idea to change the name of everything, no matter the source. If you switch names, that makes it harder for copycats to try and duplicate your stuff. Believe me, your competitors will be at shows, sniffing your stuff and if they find something they like, you can bet they will rush and look it up on the internet.I have found this to be so true so I try and change names. Sometimes name changes, for some scents, can be so difficult. Quote Link to comment Share on other sites More sharing options...
bella soy Posted June 3, 2006 Author Share Posted June 3, 2006 thanks guys. guess i need to put my creative thinking cap on Quote Link to comment Share on other sites More sharing options...
SheilaW Posted June 3, 2006 Share Posted June 3, 2006 Problem with renaming is that it can confuse your customers, especially if there is a particular fragrance that they are looking for. There are a ton of fo names that are trademarked too. To be on the safe side I usually add under the fragrance name (Duplicate) in a 6 font. Quote Link to comment Share on other sites More sharing options...
hewells Posted June 3, 2006 Share Posted June 3, 2006 Basic things can be trademarked it just depends on whether someone is wanting to pay the money....Sugar Cookie is trademarked....and Cucumber Melon is word marked you can find that herehttp://tess2.uspto.gov/bin/showfield?f=doc&state=ura01s.6.3 Quote Link to comment Share on other sites More sharing options...
kittylove Posted June 6, 2006 Share Posted June 6, 2006 I think that the companies that sell the FO's expect you to use their names, alot of the names are similar. But when it comes to the designer or manufacturer types like "Pink" From VS you should state that. Quote Link to comment Share on other sites More sharing options...
sockmonkey Posted June 6, 2006 Share Posted June 6, 2006 I never use the words "duplicate" on any of my stuff. I understand the reasoning, but I really don't think it's necessary. People will pick up stuff to smell it anyway. Either they will recognize the scent and think it smells like the original and buy it--regardless of what it's called, or they won't.Personally, when I see something marked "duplicate" I tend to be more critical of it. If I expect it to smell a certain way and it doesn't, then I'm disappointed and won't buy it. I can't help it, but when I see "duplicate" or "imitation" on anything I think of those door to door sales people trying to push their inferior imitation designer colognes. I don't want people to think of my stuff that way. Quote Link to comment Share on other sites More sharing options...
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