Holly Posted February 23, 2006 Share Posted February 23, 2006 Nope, not an example------------------------------------------------Word Mark TARTS Goods and Services IC 004. US 015 040. G & S: fragrant wax for use in potpourri burners. FIRST USE: 19880630. FIRST USE IN COMMERCE: 19880630 Mark Drawing Code (1) TYPED DRAWING Design Search Code Serial Number 74224203 Filing Date November 22, 1991Current Filing Basis 1A Original Filing Basis 1A Published for Opposition August 4, 1992 Registration Number 1726934 International Registration Number 0851491 Registration Date October 27, 1992Owner (REGISTRANT) YANKEE CANDLE COMPANY, INC., THE CORPORATION MASSACHUSETTS 16 Yankee Candle Company, Inc. South Deerfield MASSACHUSETTS 013730110 Assignment Recorded ASSIGNMENT RECORDED Attorney of Record JAMES A. PERLEY, JR. Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20020716. Renewal 1ST RENEWAL 20020716 Live/Dead Indicator LIVEWow, thanks Robin. That is good to know. What other names can be used. I forget what others call them. I don't even make tarts yet, but when I do I will have to think of another name. :undecided Quote Link to comment Share on other sites More sharing options...
Bev Posted February 24, 2006 Share Posted February 24, 2006 Wow, thanks Robin. That is good to know. What other names can be used. I forget what others call them. I don't even make tarts yet, but when I do I will have to think of another name. :undecidedI call mine "Fragrant Wax Melts." Quote Link to comment Share on other sites More sharing options...
elle110 Posted February 24, 2006 Share Posted February 24, 2006 some of this is just insane, I mean come on, "sugar cookie" wow that was hard to come up with and then you are going to copy right or trademark it, "mistletoe", OK, mistletoe is mistletoe, not something else bcz another company uses it. Off to TM some of my names b4 B&BW tries to steal my names LOLIt just seems nuts to me that they can do this with common names, it is not like they had a complete marketing team sitting around and smelling and all of sudden came us a completely unique name such as "sugar cookie" Wowser, it has to be a $$$ thing, and that dept is in great need of it to let these things pass. I mean next, you can't use the word lavender bcz Yankme candle has a candle that nameI'm pissed Quote Link to comment Share on other sites More sharing options...
valleygrls98 Posted February 24, 2006 Share Posted February 24, 2006 some of this is just insane, I mean come on, "sugar cookie" wow that was hard to come up with and then you are going to copy right or trademark it, "mistletoe", OK, mistletoe is mistletoe, not something else bcz another company uses it. Off to TM some of my names b4 B&BW tries to steal my names LOLIt just seems nuts to me that they can do this with common names, it is not like they had a complete marketing team sitting around and smelling and all of sudden came us a completely unique name such as "sugar cookie" Wowser, it has to be a $$$ thing, and that dept is in great need of it to let these things pass. I mean next, you can't use the word lavender bcz Yankme candle has a candle that nameI'm pissedIt doesn't have to be way different you could use "sugared cookie" or Vanilla sugar cookie you just have to change it a little. Quote Link to comment Share on other sites More sharing options...
elle110 Posted February 24, 2006 Share Posted February 24, 2006 It doesn't have to be way different you could use "sugared cookie" or Vanilla sugar cookie you just have to change it a little.I know, it just pisses me off, I can see Aqualina TM Pink Sugar, it is a very unique name that they obviously spent 1000s of $$$ to research, marketing etc but Sugar Cookie, ok go to they bakery, there are sugar cookies everywhere and they all smell like sugar cookies, whereas Pink Sugar is a unique blend that smells like nothing I have ever smelled (except for the slight cotton candy smell to it). I have got most of my "types" named something else, still working on a few. For some reason this just gets under my skin like nothing else, I see it as egotistical....................................I am bitching, I know, not a lot gets me mad but for this doesElle Quote Link to comment Share on other sites More sharing options...
Holly Posted February 24, 2006 Share Posted February 24, 2006 Are we in good standing with the trademark law, if we put "type" by the names? I have to read over that site that was given on the other thread I started. This is what I see most people doing -- putting "type" at the end of name. I even see large wellknown companies who use the trademark names for their candles such as Warm Vanilla Sugar, Sweet Pea, Juniper Breeze, etc. I too get annoyed with this the more I think about it and realize how many "common" names/descriptions are trademarked. Quote Link to comment Share on other sites More sharing options...
Beth-VT Posted February 24, 2006 Share Posted February 24, 2006 It doesn't have to be way different you could use "sugared cookie" or Vanilla sugar cookie you just have to change it a little.Oh...not true. I can guarantee you that names that similar will not fly :undecided. Quote Link to comment Share on other sites More sharing options...
Sweet68cam Posted February 24, 2006 Share Posted February 24, 2006 Oh...not true. I can guarantee you that names that similar will not fly :undecided.Just curious but why would it not fly, the exact name is trademarked...not a similar name right? Quote Link to comment Share on other sites More sharing options...
Bev Posted February 24, 2006 Share Posted February 24, 2006 Just curious but why would it not fly, the exact name is trademarked...not a similar name right?You can't use a name that is that similar to a trademarked name. Think of it this way .... the name Yankee Candles is a trademarked name. I could not come along and call my candle company Bev's Yankee Candles. Too similar! Quote Link to comment Share on other sites More sharing options...
lindsaycb Posted February 24, 2006 Share Posted February 24, 2006 So basically I need to rename every fragrance...? I want to stick with Scent Works names...but can I if they're all TM'd? Quote Link to comment Share on other sites More sharing options...
scrubzz Posted February 24, 2006 Share Posted February 24, 2006 I would imagine you would be ok sticking with the same name as your supplier uses even if they are tradedmarked names as long as you are buying from them - BCN states that their tradmarks can be used as long as you purchase the FO from them Quote Link to comment Share on other sites More sharing options...
Holly Posted February 24, 2006 Share Posted February 24, 2006 So basically I need to rename every fragrance...? I want to stick with Scent Works names...but can I if they're all TM'd?I am still trying to find out if by putting "type" by the fragrance name or for example "BBW type" if this would be alright. I did some reading on Doneen's website and she said that she still had to look into this further (putting "type") by the name. I did some more searching online with no luck. What I would like to know is how does GC (large candle company) get away with using the TM names. I went to their site and they don't even have "type" next to the names. I can't remember if they have "type" on the jar labels or not. Did they pay these places to use the names? I am confused and frustrated regarding this. :undecided I want to do the right thing, but if I do not have to change the name completely I rather not have too. Maybe someone else will chime in here. Quote Link to comment Share on other sites More sharing options...
funnygirl Posted February 26, 2006 Share Posted February 26, 2006 I am sooooo confused! I cant count how many suppliers sell suger cookie or cucumber melon............. Are we saying I cant put a label on my candle called sugar cookie? Looks like every name is trademarked!!!!! I can understand something like Yankees Pineapple Paradise or Wedding Day, but buttercreme????? I dont even feel like anyone pays attention to this "law" cause I saw several different brands of candles at Wal-Mart called sugar cookie. ??????? Quote Link to comment Share on other sites More sharing options...
Candlewitch Posted February 26, 2006 Share Posted February 26, 2006 I understand some of the names. Something like Macintosh cannot be trademarked and cannot hold up in court in the long run. Its a common fruit name. Dont get scared off. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.