meltaway Posted October 17, 2011 Share Posted October 17, 2011 I have a general question on naming things. I know that you aren't supposed to take a trademarked name and use it flat out, correct? For instance, I can't call something Love Spell, but I thought I could say "love spell type." I was being nosy on the Scentsy site and see they have a bar called "Home Sweet Home" with a little "tm" after it, however, I recognized this as a Yankee scent, also called the name that I thought was trademarked as theirs.So I'm confused a bit and thought maybe someone could give me a quick answer. I know there are posts on trademarking I can probably search, but was hoping for just a quick "well this is why." Thanks Quote Link to comment Share on other sites More sharing options...
Misty Posted October 18, 2011 Share Posted October 18, 2011 Some of Yankee's names are trademarked, and some aren't. I don't know if "Home Sweet Home" is. But you can use the name, "Love Spell Type". You just couldn't use "Love Spell" alone. It really does irk me that any company can trademark a common every day term that they didn't create. Just had that much to say. Quote Link to comment Share on other sites More sharing options...
Kitn Posted October 18, 2011 Share Posted October 18, 2011 I am with you on that one Misty. 100% Quote Link to comment Share on other sites More sharing options...
robertgibbens Posted October 18, 2011 Share Posted October 18, 2011 There is a big difference between a trademarked name and a general name given to a product. Buying a scent called Jamaica Me Crazy for instance. You can still call your candle Jamaica Me Crazy without a problem. Make sure the title you'd like to use is really trademarked. Also, the product your naming has to be the same or similar to the trademarked name. I could sell a dog house and market it as the "Home Sweet Home" doghouse without an infringement. Quote Link to comment Share on other sites More sharing options...
meltaway Posted October 19, 2011 Author Share Posted October 19, 2011 The Scentsy bar had a little "tm" after it, while the Yankee Home Sweet Home had a little r (in the circle)... Confusing Quote Link to comment Share on other sites More sharing options...
coconut Posted October 19, 2011 Share Posted October 19, 2011 A trademark applies to not just the name but the item attached to the name. If you go to TESS, the government's trademark search site, you can see this name is trademarked by Yankee for electric scent dispensers and air fresheners. You mentioned a bar so is that soap? Here is the TESS site: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4008:qpt8k4.1.1. What this means is that I could trademark a piece of toast as Home Sweet Home. It is the combo that counts. Quote Link to comment Share on other sites More sharing options...
pleasureridgecandles Posted October 19, 2011 Share Posted October 19, 2011 A trademark applies to not just the name but the item attached to the name. If you go to TESS, the government's trademark search site, you can see this name is trademarked by Yankee for electric scent dispensers and air fresheners. You mentioned a bar so is that soap? Here is the TESS site: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4008:qpt8k4.1.1. What this means is that I could trademark a piece of toast as Home Sweet Home. It is the combo that counts.The bar she's referring to is what they call a scent bar. It's a clamshell container of scented wax (what many of us make). Since Yankee trademarked the name "tart" they called it scent bar(s). However they are used in the electric wax warmers/melters so wouldn't that constitute as an electric scent dispenser?? Quote Link to comment Share on other sites More sharing options...
coconut Posted October 19, 2011 Share Posted October 19, 2011 The bar she's referring to is what they call a scent bar. It's a clamshell container of scented wax (what many of us make). Since Yankee trademarked the name "tart" they called it scent bar(s). However they are used in the electric wax warmers/melters so wouldn't that constitute as an electric scent dispenser??I don't think so. I looked at the online documents and finally found a picture of the trademarked item. They are not trademarking a scent name, they are trademarking an actual device with a scent product pre-loaded into it. It is an interesting way of doing it.Now in contrast, I looked up Clean Cotton. This one is trademarked as both air fresheners, electric fragrance dispensers, and candles; fragrant wax for use in potpourri burners. The image attached to the candles; fragrant wax for use in potpourri burners is below:It would seem that someone at Scentsy spent a lot of time look for these technicalities... Quote Link to comment Share on other sites More sharing options...
meltaway Posted November 7, 2011 Author Share Posted November 7, 2011 Wow yeah that stuff makes my head spin a bit Just when I think I "get" something, I have to try to relearn. Thanks!! Quote Link to comment Share on other sites More sharing options...
Faerywren Posted November 8, 2011 Share Posted November 8, 2011 Using the "type" after a fragrance name is actually not allowed. You can coin your own name then use a tagline saying, "compare to Love Spell", but just adding "Type" to a dupe fragrance doesn't exempt you from trademark infringement. Quote Link to comment Share on other sites More sharing options...
coconut Posted November 8, 2011 Share Posted November 8, 2011 Yes, unless you have a lawyer who can pick through this stuff, it is safest to rename the scents and use the tagline. Quote Link to comment Share on other sites More sharing options...
Faerywren Posted November 8, 2011 Share Posted November 8, 2011 Yes, unless you have a lawyer who can pick through this stuff, it is safest to rename the scents and use the tagline.My friend, Pam, is a lawyer who specializes in trademark and copyright law. She graciously printed out loads of handouts I use as reference material. It's enough to make your eyes cross if you read it at length. Quote Link to comment Share on other sites More sharing options...
coconut Posted November 10, 2011 Share Posted November 10, 2011 My friend, Pam, is a lawyer who specializes in trademark and copyright law. She graciously printed out loads of handouts I use as reference material. It's enough to make your eyes cross if you read it at length.You're lucky to have her as a friend! Quote Link to comment Share on other sites More sharing options...
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