Heads up on TM's pending

[beesweet]

Jaqua has the following trademarks pending. They've been published for opposition so it's not looking good. Us little guys can't catch a break...soon there will be nothing left.

Buttercream frosting

Pink buttercream frosting

Pink Champagne

Ho ho hot cocoa

Sugar Princess

They already have:

Peach parfait

Tuscan orange

Sinfully rich

Marshmallow cocoa

Rose in Bloom

Shower syrup

There's more, but these were the most notable and some I've noticed being used by others in case they are members here.

[beesweet]

O HELL-O...

Philisophy OMG (applies to cosmetics)

Pending:

Red Velvet Cake

Flower Girl

Lemon Custard

Belgian Waffles

Pumpkin Pie

White Chocolate

Mint Chocolate Chip

Banana Split

Real Cream

French Sugar Cookie

Powdered Sugar Cookie

Belgian Waffles & Maple Syrup

Sugar Cookie

Pancakes & Syrup

Melting Snow

Let it Snow

Tapioca

Cookies & Milk

Ooey gooey marshmallow cream

Registered:

Cinnamon Buns

Sugar Plum Fairy

Candy Cane

Frozen Lemon Custard

Coconut Cake

Waffle Cone

Melting Chocolate

Wedding Cake

Chocolate Frosting

Chocolate Coconut Macaroons

Peppermint Cheesecake

Vanilla Birthday Cake

Coconut Frosting

Crumb Berry Pie

Lavender Pound Cake

Vanilla Cream Puff

White Chocolate Hazelnut Cake

Melting Marshmallow Creme

Spiced Apple Cider

Double Rich Hot Cocoa

Melon Daiquiri

Candy hearts

PINA COLADA

That's too much, I have to stop now...

[LaVida]

who's Jaqua?

I couldn't see them trademarking a lot of those names. That's retarded. *l*

[Kymber]

What is with trademarking all this simple everyday names? I can see trademarking an "original" name that you came up with. ..but red velvet cake?? buttercream frosting?? tapioca?? pumpkin pie?? etc...etc...etc... And why do they even let them trademark everyday names??

[Sally]

Please excuse my ignorance here.....does the trademark mean that us small fry have to put tm or type beside the fragrance name if we happen to use a fragrance which Jaqua or whoever now own the name of.

Also can we call it something else entirely & still be legal?

I'know I'm in Scotland but with a global market I don't want to fall foul of some greedy bas**** big company if my products ever do sell overseas.

Sally.

[Twoscentsworth]

What it means is that you can not use the name on any products that you make/carry that are the same/similar to theirs....it doesn't matter if you put the tm after it, that name belongs to that company for it's exclusive use on that type of product. You can not name a candle Votivo® and legally sell it with that name just because you use the symbol...you do not have the right to use that name or symbol only Votivo® has that legal right(this is just an example, don't know if they have TM'd the name or not). You can sell similar products but you must use a different name....now if you make an entirely different product like cement horseshoes, you can then use the name for that product unless someone else has TM'd it for cement horseshoes.

Basically, when a company TM's a name for a product or products (there are many categories to file in) they are protecting their use of the name on those products. While it seems silly for them to be able to TM a common name they are TMing for use on a specific product or products so that is why it is allowed. Example, you can TM the name Sweet Dawg for use on shoes, or candles, or baby clothes. Once a TM is given for the name Sweet Dawg on baby clothes then no one else has the legal right to use it on their baby clothes....but if you want to file a TM for Sweet Dawg on candles you are free to do so and then use the name on your candles and no one else has the legal right to use it on their candles....but it may still be open for someone to TM that name on shoes.

A U.S tm registration does not preclude you from still using the name in Scotland...but check with the Madrid Protocol to see just what your country's laws are. some countries do recognize the U.S.Trademark ... there is also International TM with other countries...you will have to research this. since I have no plans to go international I have not researched this. The cost to file International TM is prohibitive to me...but perhaps within your reach and desire.

You can find answers to all questions or where to call to get answers at www.uspto.gov It takes a bit of reading but the answers are there.

Unfortunately with the use of the internet names are going to be gobbled up quickly and most of us will be scrambling to come up with names that we can still use....with a cost to file for each name you have to have some financial where with all and a desire/belief that you are going to go BIG time to spend that kind of $$$$. I have two registered TM's that I filed myself and the above is based on some experience but is totally MHO.

edited to add that if the company above has applied for the TM's on cosmetics only then you can still use them as candle names if they are not TM'd by someone else.

[beesweet]

I'm all for protecting the unique and unusual, but buttercream frosting, red velvet cake and pina colada that have been available scents since the stone age, COME ON. Pink Buttercream Frosting, yeah, Buttercream Frosting, ah, no...

All of the above are/will be registered for skin care preparations, i.e, lotions, creams, body wash, so on and so forth. Originally, Philosophy only tm'd for use on products similar to their 3-in-1 body wash, shampoo, bubble batch, but now they are tm'ing for all skin care and filing supplemental registrations for the ones like pina colada that they already own. What they do is file for one specific item, like 3-in-1, then once that is fully registered, they file a supplement covering ALL related products in the class. That way, they most likely breeze right through with something common since they own it for a specific item already.

[Sally]

Thanks Twoscentsworth,

I'm not in a position to trademark anything but I'm in the process of setting up my business over here so I'm looking into things like this for future reference.

Sally.

[George]

Yankee TM the common name MACINTOSH, last time i looked, dozens of candle companies use that fruit name. What is the deal Neal?

[Jane42]

Unbelievable...well, I guess it is believable, but how crazy is that?!?!? How can they take the name of an APPLE and keep it to themselves??? And BUTTERCREAM FROSTING??

We are fairly new to this...and I took the last listing to my partner and she was floored.

We are going to have to have pretty good descriptions...because nobody is going to know what our new "TREE BARK" candle smells like without it!! LOL (That would be our Macintosh Apple...lol)

Look, we are having a hard enough time getting this business up and running....between changes in waxes, which requires more retests - then the testing on the new scents...then trying to add more onto the inventory...then, of course, the paperwork and licensing and tax forms...for crying out loud, I do not NEED anymore crap like this.

PHEW...I feel better.....:embarasse

:tiptoe: sorry for the rant.....

[southern.scents]

The government should not allow this to happen. Big companies who can afford to go trademark tons of words could go and put a tm on every scent name and that leaves all the littles guys to struggle forever for new names which, as far as we know, could get trademarked the next day. What are we supposed to do when theres nothing left? Just make candles and not tell what type it is. People are gonna want to know what scent of candle they are buying. I agree, unique names should be able to be trademarked but, buttercream frosting???????

[KristineG]

Imagine you work in this office. You have no idea how a candle or particular B&B product is made. You know they have names that describe the scents. Since you're just there to approve the name, why wouldn't you? Nobody has brought the process and hardships of the small crafter to light. You have no idea that someone is busy in their kitchen making a candle that they plan to sell and call it Buttercream Frosting. As an employee of this office, you are clueless to this market of hand poured/handmade Candles, Bath and Body because you buy all of your stuff at the mall or from the big guys.

Isn't it up to US to make the noise about this obvious attempt to corner the market? Isn't it up to US to write to the USTPO and ask them why they're are allowing trademarks of this nature to go through? Or, do we just quietly sit back and let it happen while reading about here on CT?

[Tall Blonde]

Please forgive my ignorance on this matter, but, does this mean if I have say

Tall Blondes Soap Co. Olive Oil Hand and Body Lotion (Pina Colada) that that infringes on their TM?

[SoapDiva]

Thats insane. You'd think they'd bar companies from TMing common names, like Buttercream Frosting, and Pina Colada.

Jaqua is a B&B company that propelled me into the business. I spent way way way too much money on some Buttercream frosting body butter.

[sudsnwicks]

What Incandessence said makes sense. It's likely the person approving these TM applications doesn't make candles, and so it would not occur to them that TMing names like sugar cookie and buttercream frosting doesn't make sense.

[LaVida]

I don't see these getting approved. These Fragrances don't end at b&b & candles.... There's a huge process for tm's. I had to make revisions twice after submitting my co. name.

[beesweet]

To read Jaqua's story (although I'm sure it's embellished for PR purposes), they started off making products in their garage/at home. I remember reading an article about some of the problems they encountered so you'd think they would at least have some respect for others. Of course, it's all about money and market share when you get BIG.

Tall Blonde, yes, that's right. Philosophy, VS, BBW and Yankme are the top 4 who vigorously defend their trademarks now so it is a strong possibility that there will be a huge list of scent names we can no longer use if they continue as they have the last couple of years. Add to that the phrases that I've seen for BBW (like Beauty for Body & Soul or Clean Fresh Pure) and there eventually won't be anything left.

So, Incandessence has a very good point...what do we do?

[KristineG]

I wrote a letter to the USTPO and emailed it yesterday morning asking for an explanation as to why they are allowing trademarks of such common names/phrases with the obvious attempt of companies larger than us trying to corner the market. The letter is very detailed and gives them an insight into our market. I wrote the letter from my company's email address. I will wait until 3pm EST today for a response. I will post the response here. If I don't receive one, I will follow up with a phone call to that office. I don't know if it will do any good. I just felt the need to speak up.

Edited to add: And yes, I pasted Jaqua's pending list into my letter to show the obvious attempt to corner the market.

[sudsnwicks]

Incandessence, good for you! I wonder if cc-ing your letter to the SBA might help too?

[Late Night]

Way to go Incandessence. I'm all for trademarks and protecting them. But to take the name of a fruit, for instance, and trademark the scent is getting out of hand. I think trademarking original names is great but some of the trademark approvals are getting out of hand. Dang, if it smells like a banana you ought to be able to say so.

[Tall Blonde]

Incandessence: Did you email to someone specific, or to the general office? It seems to me that there should be enough people on this board that taking 5 minutes or so from your day to post your feelings about this in an email to the Trademark office should do something. Wouldn't it? If you don't take the initiative to speak up or do something, don't whine about it later. I'll send an email also.

[Jane42]

Dang, if it smells like a banana you ought to be able to say so.

EXACTLY!!

Incandessence, good for you for taking the "bull by the horns"...this should be very, very interesting!!

[KristineG]

I sent my email to the general mailbox as well as The Honorable Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

Edited to add: As of now, I have not received a response. I think I will wait till tomorrow afternoon then call.

[beesweet]

That is so awesome of you!

Ok, thinking it would seriously help to have numbers, we should all definitely get involved. Now, for those of us who suck at putting our thoughts into a well-written note, does anyone have a general note that we can expand on? It would obviously hurt our cause to send something that sounds like a 3rd grader wrote it OR to copy the same note from several people, but a general outline might help some of us.

[sudsnwicks]

What about sending the same note signed by several people? Does anyone know if cc-ing the SBA would be helpful, or they don't get involved with helping in such matters?