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Sekhem – Trademarking Guidance (This Notice is for the
attention primarily of people using the word Sekhem in
Background
to the Notice
In November 2006, I posted
to this website a Notice regarding the successful application by Helen Belot to
trademark the name SEKHEM within the European Union. Helen Belot is the
Australian Energy Master who works with the Sekhem energy. That Notice
contained passing references to the trademarking of Sekhem in
It would be helpful if readers of this
page could read also the legal concepts outlined in the Notice for the European
Union trademarking in case any might be relevant in
The purpose of all the postings to this
website regarding the trademarking of Sekhem around the world is to provide
information and to give people affected by the trademarking some idea of the
questions which they should be asking rather than try to give definitive
position statements. Please note that I am not a qualified legal practitioner
and people affected by the various trademarkings should seek the appropriate
legal advice for their individual situations.
IP
Australia
IP is the abbreviation for Intellectual Property. IP
Australia is the name of the Australian Government organisation that has
responsibility for the administration of patents, trade marks, designs and
Plant Breeders’ Rights. The home page for its website is at http://www.ipaustralia.gov.au/
.
The
primary legislation in
Search for Sekhem related registered
trademarks on the IP Australia website gives the following results. These
results are the copyright of the Commonwealth of
Trade Mark : 746809
|
|
Owner/s: |
Helen
Belot |
Goods & Services Class: 42.
Health care services
inclusive of medical clinics, naturopaths; massage; medical assistance;
pharmacy advice; physiotherapy; rest homes; sanitoriums; all the aforesaid
being in relation to Sekhem healing methods
Endorsements: The
applicant has advised that the word appearing in the trade mark means SPIRITUAL
POWERS OR AUTHORITY and has this meaning in relation to all languages.*
|
Indexing Details - Word |
Constituents |
|
SEKHEM |
|
|
Indexing Details - Image |
Constituents |
|
CIRCLE |
DROP+ |
|
FLOWER |
INFINITY |
|
ROUND |
SEVEN |
|
STYLISED |
SYMBOL,MATHEMATICAL |
|
TRIANGLE |
|
Trade Mark : 789543
|
|
Owner/s: |
Helen
Belot |
Goods & Services Class: 42
Spiritual healing services;
health care services inclusive of medical clinics, naturopathy; massage;
medical assistance; pharmacy advice; physiotherapy; rest homes and sanitoriums;
all the foregoing being in relation to SEKHEM healing methods
|
Indexing Details - Word |
Constituents |
|
BELOT |
HELEN |
|
SEKHEM |
|
|
Indexing Details - Image |
Constituents |
|
|
|
Trade Mark : 740186
|
|
Owner/s: |
Chris
Heath |
Goods & Services Class: 41
Educational workshops in
spiritual healing
|
Indexing
Details - Word |
Constituents |
|
EMERGING |
LIGHT |
|
SEKHEM |
|
|
Indexing
Details - Image |
Constituents |
Implications
of the trademarks
It would be advisable for
anybody in
As
advised above, it would be helpful if readers of this page could read also the
legal concepts outlined in the Notice for the European Union trademarking in
case any might be relevant in
Trademark 746809 is for a composite
trademark. In simple terms, this means that the combination of the word SEKHEM
together with the image is what has been trademarked. No trademarking approval
for the word SEKHEM or for the logo by themselves is implied. The trademarking
approval is only for what is shown above.
Trademark 789543 is for the combination
of the three words HELEN BELOT SEKHEM and is only for the three words linked
together in the way given. No
trademarking approval for the word SEKHEM by itself is implied. The
trademarking approval is only for what is shown above.
Trademark 740186 is for the combination
of the three words EMERGING LIGHT SEKHEM and is only for the three words linked
together in the way given. No
trademarking approval for the word SEKHEM by itself is implied. The
trademarking approval is only for what is shown above.
Although healers in Australia need to be
mindful not to place themselves in the position whereby their use of the word
Sekhem could reasonably be considered to be presenting themselves as providing
the same service as the trademark owners or to be ‘passing themselves off’ in a
manner similar to the trademark owners, it does need to be noted that the word
Sekhem by itself does not appear to be trademarked unless there are other
trademarking approvals in place which do not appear on the IP Australia website.
If any healer who believes that he or she
has a legitimate right to work with the word Sekhem, any direction from a third
party not to use the word or the image should be met with a request for the
official trademark registration number that prevents the usage. Similarly, third parties should not give
direction to people to cease using the word Sekhem unless they have checked
back to the official trademark registration number on the basis of which they
are giving direction. The reason for making this comment is that it seems to be
a common practice around the world for third parties to say that the word
Sekhem is trademarked when there might not be any trademark in place for the
word used by itself.
Thank you.
Robert
15th December 2006
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