HeavenScentU Posted April 7, 2007 Share Posted April 7, 2007 Just an FYI on making sure we don't put scent names on our products. Here is an email from one of my sales reps. that forwarded this to me. So please be aware or those big guys will come after you...Just wanted to let you know that I got an email from my soap company telling me that they had received a Cease & Desist Letter from the folks who own the trademark for the "Love Potion" scent.I have seen and heard alot about trademark infringements in the last year on names that would seem generic. Last year, Hershey Chocolates went after anyone using the name or shape of "Kiss" for their candy. From what I understand, they even went after the company who makes the "kiss" shaped candy molds.Anyway, just in case you were unaware, I thought I would pass along the information. Beware!! Quote Link to comment Share on other sites More sharing options...
KristineG Posted April 7, 2007 Share Posted April 7, 2007 Do you think they watch the little guys for creative new ideas to formulate and call their own? Quote Link to comment Share on other sites More sharing options...
HeavenScentU Posted April 8, 2007 Author Share Posted April 8, 2007 Probably, You just never know what they are doing. I really think they would be so busy in their own lives to really care about us little guys. Can't we all just get along and make a buck. I thought it was fine to put "type" after the scent name.. Who knows. Can we add a number after it maybe like " Lovespell 2"... It close but not the same. Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 8, 2007 Share Posted April 8, 2007 Not only would I expect them to be too busy, but surely they don't perceive such small fries as any threat to them. It's kind of crazy for the rest of us when they start trademarking common words like sugar cookie. At least if it were something more unusual like lovespell it would make more sense. Quote Link to comment Share on other sites More sharing options...
Enchanted Posted April 8, 2007 Share Posted April 8, 2007 Unfortately, alot of the "ideas" for products have come from a little guy. The big boys usually have staff that gets paid to do nothing but search what others are doing...big and small. What's even more unfortuate is when the little guy finds out their "idea" has been taken and can't afford to battle with corporate power. How many times have you seen a large company trademark a new design and you know you've seen or done something similar before? The big boys only see us taking a piece of their pie...a pie that's so rich they will do whatever it takes to keep it for themselves. Quote Link to comment Share on other sites More sharing options...
CareBear Posted April 8, 2007 Share Posted April 8, 2007 I have to repeat myself (I can't help it). If they don't protect their trademarks from even the little guys then THEY LOSE THEM. Which means the big dog competition can use them too. It's not about squashing the little guys, it's about protecting themselves from the competition!!! Quote Link to comment Share on other sites More sharing options...
Mei-Mei Posted April 8, 2007 Share Posted April 8, 2007 I have to repeat myself (I can't help it). If they don't protect their trademarks from even the little guys then THEY LOSE THEM. Which means the big dog competition can use them too. It's not about squashing the little guys, it's about protecting themselves from the competition!!!Exactly! If they don't protect their trademarks then they will absolutely lose them if they should have to go to court. It's not about squashing the smaller chandlers. it's just a matter of good business. Quote Link to comment Share on other sites More sharing options...
Late Night Posted April 8, 2007 Share Posted April 8, 2007 I have to repeat myself (I can't help it). If they don't protect their trademarks from even the little guys then THEY LOSE THEM. Which means the big dog competition can use them too. It's not about squashing the little guys, it's about protecting themselves from the competition!!!I agree totally! I have a trademark. It has nothing to do with with soap or candle or anything else that smells good. I got it to protect me. Not to deny anyone else. If I'm using it and someone else comes along and trys to use it I will stop them. They can't sue me over it because I have it first and it is registered. I don't care how big or small the company is. The bottom line is, I'm not stealing from anyone else and I PAID dearly for the right to keep myself from being sued over it. Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 8, 2007 Share Posted April 8, 2007 Okay, I understand that the trademark is to protect their product names. But it seems kind of going overboard to be trademarking common words like sugar cookie? What if they decided to trademark "candle" ? What are we supposed to call our candles then? Quote Link to comment Share on other sites More sharing options...
Luvcandletarts2 Posted April 8, 2007 Share Posted April 8, 2007 Okay, I understand that the trademark is to protect their product names. But it seems kind of going overboard to be trademarking common words like sugar cookie? What if they decided to trademark "candle" ? What are we supposed to call our candles then?:lipsrseal :lipsrseal :lipsrseal :lipsrseal :lipsrseal Not typing my response because of lack of sleep and trying to stay OUT of trouble !!! Quote Link to comment Share on other sites More sharing options...
BLSoaps Posted April 8, 2007 Share Posted April 8, 2007 Okay, I understand that the trademark is to protect their product names. But it seems kind of going overboard to be trademarking common words like sugar cookie? What if they decided to trademark "candle" ? What are we supposed to call our candles then?Shhhh! If we tell them, then they'll trademark it!Sorry, couldn't resist! I understand trademarking company names, but the common names like "Sweet Pea", I don't get how they approve trademark requests like that. Quote Link to comment Share on other sites More sharing options...
soycrazy Posted April 8, 2007 Share Posted April 8, 2007 I have seen and heard alot about trademark infringements in the last year on names that would seem generic. Last year, Hershey Chocolates went after anyone using the name or shape of "Kiss" for their candy. From what I understand, they even went after the company who makes the "kiss" shaped candy molds.Anyway, just in case you were unaware, I thought I would pass along the information. Beware!!Well that bites I just bought a "kiss" mold to make "melts" with to sell. I guess I can't use it now. Quote Link to comment Share on other sites More sharing options...
KristineG Posted April 8, 2007 Share Posted April 8, 2007 Well that bites I just bought a "kiss" mold to make "melts" with to sell. I guess I can't use it now.I think you're ok. It's making and selling candy in the shape of the hershey kiss and calling it a kiss. Quote Link to comment Share on other sites More sharing options...
KristineG Posted April 8, 2007 Share Posted April 8, 2007 I think you're ok. It's making and selling candy in the shape of the hershey kiss and calling it a kiss.I stand corrected. I did a light search and found that the kiss "design" was registered in 1983. I'm not sure if you can make a kiss shaped candle, melt or anything like that. You could always alter the mold...maybe bite off the tip of the kiss?...lol Quote Link to comment Share on other sites More sharing options...
soycrazy Posted April 8, 2007 Share Posted April 8, 2007 Maybe I shouldn't even chance it then. I can pour them for myself and gifts. I just never even thought of that when I bought it. Quote Link to comment Share on other sites More sharing options...
Late Night Posted April 8, 2007 Share Posted April 8, 2007 Maybe I shouldn't even chance it then. I can pour them for myself and gifts. I just never even thought of that when I bought it.I wouldn't chance it to sell them either. I saw a mold in the shape of the Rolling Stones tongue and really wanted it. It was for ice cubes but I had tarts in mind. I didn't buy it because I knew it was trouble waiting to happen. But it sure was tempting. Quote Link to comment Share on other sites More sharing options...
HeavenScentU Posted April 9, 2007 Author Share Posted April 9, 2007 I have a hershey kiss shaped mold maybe we can call it.... XXXXOOOO that everyone used to write at the end of all their love letters. I think more people would understand the x's and o's than just XXXX. Can we do that or has someone trademarked it..... Quote Link to comment Share on other sites More sharing options...
Mei-Mei Posted April 9, 2007 Share Posted April 9, 2007 Shhhh! If we tell them, then they'll trademark it!Sorry, couldn't resist! I understand trademarking company names, but the common names like "Sweet Pea", I don't get how they approve trademark requests like that.The answer to that question is that they trademark a common name in reference to a product. In other words they have trademarked the name Sweet Pea for a candle. If you decided to go out and make Sweet Pea Cupcakes or Sweet Pea Automobiles then you'd be fine. See what I mean? Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 9, 2007 Share Posted April 9, 2007 The answer to that question is that they trademark a common name in reference to a product. In other words they have trademarked the name Sweet Pea for a candle. If you decided to go out and make Sweet Pea Cupcakes or Sweet Pea Automobiles then you'd be fine. See what I mean?Not exactly, because what if they were to TM things like vanilla? I don't know of any other way to call vanilla. At least for sweet pea I could probably come up with something else, but not something so basic as vanilla. Quote Link to comment Share on other sites More sharing options...
stacien Posted April 9, 2007 Share Posted April 9, 2007 Shhhh! If we tell them, then they'll trademark it!Sorry, couldn't resist! I understand trademarking company names, but the common names like "Sweet Pea", I don't get how they approve trademark requests like that.I don't understand where they would be able to trademark flower names. That would be like tradmarking "Lilac" or "Rose". Perfume names I can understand. I try not to use a lot of the dupes for that very reason. But for bakery names "sugar cookie" nobody can have a trademark on, then they better sue Betty Crocker and Better Homes and Gardens. Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 10, 2007 Share Posted April 10, 2007 But for bakery names "sugar cookie" nobody can have a trademark on, then they better sue Betty Crocker and Better Homes and Gardens.Well they can't sue Betty Crocker because the TM only applies to that one specific product, in this case candles. But it still doesn't make sense that they could do that, because what if they trademark rose candle and vanilla candle. There's not a whole lot of ways those words can be renamed. Quote Link to comment Share on other sites More sharing options...
Mei-Mei Posted April 10, 2007 Share Posted April 10, 2007 Not exactly, because what if they were to TM things like vanilla? I don't know of any other way to call vanilla. At least for sweet pea I could probably come up with something else, but not something so basic as vanilla.Trademarks are specific to a product is what I'm saying. The Sweet Pea trademark refers to sweet pea candles, and not anything else. So other products wouldn't be affected.Trademarks aren't granted automatically. Sometimes they'll be denied. The whole point is that the consumer not be confused. Trademarks on words like vanilla and rose would normally be denied because they are so common. I'm surprised Sweet Pea made it through.My atty. explained to me that most big companies who get those sorts of trademarks start out with a local trademark. If it is accepted than it's easier for the trademark to be accepted nationally. But it is still specific to a product. So if on the off chance you are able to trademark Vanilla for your candle you still couldn't sue Betty Crocker. That company doesn't make candles.Is that clearer? Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 10, 2007 Share Posted April 10, 2007 Trademarks on words like vanilla and rose would normally be denied because they are so common. Ah... I finally understand now. I did get it that these TMs apply only in the context of candles, but wasn't sure how they could get away with TMing such common words such as sugar cookie candle or sweet pea candle. Hopefull there won't be any TM appearing for lavender candle or vanilla candle! Quote Link to comment Share on other sites More sharing options...
Late Night Posted April 10, 2007 Share Posted April 10, 2007 When you apply for a trademark you have to choose one catagory. I forget what they all are but some examples are; books, textiles, food, cosmetics, scents, etc. Each catgory is a seperate trademark and you are charged seperately for each catagory. Each trademark is about $400.00 (I forget exactly how much it is now. It just went up in price though.) If you are refused the trademark, you lose your money! No refunds. So, if Yank** wants to trademart a candle called "Horse Sh*t" they will have to apply for and pay for a trademark in the scents catagory. Then, if they want to trademark a cookie called "Horse Sh*t" they will have to apply for and pay for a trademark in the food catagory. If Ms. Crocker beats them to the "Horse Sh*t" cookie idea she can still apply for and pay for a trademark for said "Horse Sh*t" cookie, in the food catagory, even though Yank** has the "Horse Sh*t" trademark in the scents catagory. Quote Link to comment Share on other sites More sharing options...
Brentleecandles Posted April 15, 2007 Share Posted April 15, 2007 Not sure if this will work or not, but what about putting "inspired by" before the scent name. I see it all the time for perfumes and colognes. Not sure it would have any legal bearing but it's a thought Quote Link to comment Share on other sites More sharing options...
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