jackbenimble Posted April 8, 2012 Share Posted April 8, 2012 The Scent Works has an explorer series of FO that I'd like to get and test but on all the FO names there is a TM after the scent name. I understand that this means it's trade marked so can I not use the FO to name my scent? Will I need to come up with my own scent name so I won't infringe on their TM. Thanks for any info on this subject! Quote Link to comment Share on other sites More sharing options...
rctfavr3 Posted April 8, 2012 Share Posted April 8, 2012 (edited) You can skirt around the issue by adding "*type" at the end of the scent name.Although, I think you'll be OK with it as is, as long as you keep the trailing TM at the end. Examples would be: Angel Kisses TM, Angel Kisses *type. "Angel Kisses" without any trailing info WILL infringe on the rights of TM holder. Alternatively, you can always rename.. Edited April 8, 2012 by rctfavr3 Quote Link to comment Share on other sites More sharing options...
Beth Posted April 8, 2012 Share Posted April 8, 2012 I asked this to NG a while back. Their answer may or may not be the same as SW. NG said their trademarked FO names apply to the fragrance oil itself. & that we can use the name on finished products. Quote Link to comment Share on other sites More sharing options...
jackbenimble Posted April 8, 2012 Author Share Posted April 8, 2012 I asked this to NG a while back. Their answer may or may not be the same as SW. NG said their trademarked FO names apply to the fragrance oil itself. & that we can use the name on finished products.I hope SW is the same. It would be shame for them to produce a custom FO and have and awesome name that describes it but then say, oh you can't use it because it's TM'ed. Maybe I'll email them and see what they say. Quote Link to comment Share on other sites More sharing options...
SliverOfWax Posted April 8, 2012 Share Posted April 8, 2012 Trademark laws are the same for everyone. Of course you can use the name. That's what the oil is for! You just can't manufacture and sell an oil with the same name. Quote Link to comment Share on other sites More sharing options...
jackbenimble Posted April 8, 2012 Author Share Posted April 8, 2012 Trademark laws are the same for everyone. Of course you can use the name. That's what the oil is for! You just can't manufacture and sell an oil with the same name.Thanks Sliver! That's what I was hoping it was:-) Quote Link to comment Share on other sites More sharing options...
sporadic Posted April 9, 2012 Share Posted April 9, 2012 They haven't really Trademarked the name. It should show the R with a little circle around it if it's an actual Registered Trademark. You're safe! Quote Link to comment Share on other sites More sharing options...
SliverOfWax Posted April 9, 2012 Share Posted April 9, 2012 Scent Works is kinda that way. Consumed with their own sense of self importance.jmho Quote Link to comment Share on other sites More sharing options...
SliverOfWax Posted April 9, 2012 Share Posted April 9, 2012 Speaking of trademarks, how on earth can a COLOR be trademarked. Good Grief. I just noticed this on a UPS shipping notice:© 2012 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of United Parcel Service of America, Inc. All rights reserved. Quote Link to comment Share on other sites More sharing options...
moonshine Posted May 15, 2012 Share Posted May 15, 2012 Have a question that goes along with this... Can you use pictures on your website of the real designer scents as part of your description? Example- Angel...can you put a picture of an angel bottle? and Drakkar...can you use a picture of a drakkar container with the writing Drakkar on it? Quote Link to comment Share on other sites More sharing options...
ChrisR Posted May 15, 2012 Share Posted May 15, 2012 Have a question that goes along with this... Can you use pictures on your website of the real designer scents as part of your description? Example- Angel...can you put a picture of an angel bottle? and Drakkar...can you use a picture of a drakkar container with the writing Drakkar on it?That's a big NO!! You would need to get their permission and there's a fat chance of that happening. Quote Link to comment Share on other sites More sharing options...
moonshine Posted May 15, 2012 Share Posted May 15, 2012 Thats what I thought.... but it is OK to use the name with "type" after it? I was trying to stay away from these type scents for this reason not knowing what is okay and what is not but people ask for themThanks Chris Quote Link to comment Share on other sites More sharing options...
rctfavr3 Posted May 15, 2012 Share Posted May 15, 2012 (edited) Thats what I thought.... but it is OK to use the name with "type" after it? I was trying to stay away from these type scents for this reason not knowing what is okay and what is not but people ask for themThanks ChrisYEP! Just add *type at the end of the "supposed" trademarked name. You're basically just saying that the scent matches the smell of the trademarked product without infringing on any legitimate copyright claims, although realistically it's very difficult to copyright a name...so chances are high that the TM was added as a faux deterrent. You can skirt around the trademark issue by giving it a more generic name: "Lemon Lime Soda" vs "Sprite" TM but for designer perfumes I'd just add a big TYPE at the end of the scent name. Edited May 15, 2012 by rctfavr3 Quote Link to comment Share on other sites More sharing options...
oakbrookcandles Posted May 16, 2012 Share Posted May 16, 2012 www.uspto.gov and see if it really is trademarked. Quote Link to comment Share on other sites More sharing options...
moonshine Posted May 16, 2012 Share Posted May 16, 2012 Thanks guys! Don't want trouble right away when my site is done next month! Quote Link to comment Share on other sites More sharing options...
ChrisR Posted May 16, 2012 Share Posted May 16, 2012 Adding 'type' to the end of a brand name will not necessarily give you a free pass. Scent Works and a couple other supplies all got cease and desist letters from some of the big names and perfumers to stop using their names a few years ago. If the big shots feel like coming after you for using their name, even with 'type' after it, they can and will, especially if you have a web site, as it puts you out there for all to see. Quote Link to comment Share on other sites More sharing options...
rctfavr3 Posted May 16, 2012 Share Posted May 16, 2012 (edited) Legally, one should have the ability to fight back and easily win if they were to get a cease and desist from any bigwig perfume company. I can't see how any company can threaten removal or name change, when it's obvious that the name being used is in no way infringing on Copyright laws. It's the same reason why companies like Wal-mart can have products that "compares to insert product name here". By stating *type at the end of the name; you're just saying it's compares to the bigwig perfume product. To me it just sounds like a scare tactic, by the bigwigs that fear a drop in sales will occur should a similar product be bought elsewhere for less. Although, I can understand why the perfume industry would be threatened. As long as one clearly state that it compares to a similar brand in the description, there's no way they can halt sales! Edited May 16, 2012 by rctfavr3 Quote Link to comment Share on other sites More sharing options...
marcuset Posted May 16, 2012 Share Posted May 16, 2012 (edited) Even the merchant service you have a contract with can demand you change that scent name you're using, regardless if it clearly says it's a "type", or refuse you service for fear they will get sued. I don't use that particular merchant service any longer ... Edited May 16, 2012 by marcuset Quote Link to comment Share on other sites More sharing options...
moonshine Posted May 16, 2012 Share Posted May 16, 2012 So then what the hell are you supposed to do? How are customers able to know that it is a scent like the perfumes? And how is then that FO suppliers sell it as type, compares to or similar?This is really confusing me Quote Link to comment Share on other sites More sharing options...
rctfavr3 Posted May 16, 2012 Share Posted May 16, 2012 (edited) So then what the hell are you supposed to do? How are customers able to know that it is a scent like the perfumes? And how is then that FO suppliers sell it as type, compares to or similar?This is really confusing meContinue using *type. If or when it comes a time that the site gets noticed by a major perfumer with a stick up their butt, and decide to give you a "cease and desist" email or two, politely telling them to shut the heck up and mind their own business. They can't sue you! Legally you can say that an FO, soap, candle, whatever can smells like their "one-of-a-kind" perfume brand. There's always going to be imitators. They should be flattered, not concerned. I wouldn't worry about it. Edited May 16, 2012 by rctfavr3 Quote Link to comment Share on other sites More sharing options...
periwinkle Posted May 16, 2012 Share Posted May 16, 2012 You could always use a different, more original name, and then in the description, say that it smells like whatever the name brand is. Quote Link to comment Share on other sites More sharing options...
ChrisR Posted May 17, 2012 Share Posted May 17, 2012 Legally, one should have the ability to fight back and easily win if they were to get a cease and desist from any bigwig perfume company. I can't see how any company can threaten removal or name change, when it's obvious that the name being used is in no way infringing on Copyright laws. It's the same reason why companies like Wal-mart can have products that "compares to insert product name here". By stating *type at the end of the name; you're just saying it's compares to the bigwig perfume product. To me it just sounds like a scare tactic, by the bigwigs that fear a drop in sales will occur should a similar product be bought elsewhere for less. Although, I can understand why the perfume industry would be threatened. As long as one clearly state that it compares to a similar brand in the description, there's no way they can halt sales!Yeah good luck with that, try using Yankee's trademarked candle names and see how fast they shut you down. Why do you think so many chandlers call their 'tarts' wax melts? Yankee sent out tons of cease & desist letters years ago, as they have the word 'tart' trademarked. Trademark & copyright are two different animals and most perfume companies have the resources to get you to stop using their name. I don't sell a lot of dupes, but the couple I have I give it a new name and say in the description it is 'similar' to yada yada. Quote Link to comment Share on other sites More sharing options...
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