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Sekhem – Trademarking Guidance (USA
This Notice is for the attention
primarily of people using the word Sekhem in the
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
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.
The
The
Search for Sekhem
related registered trademarks on the
|
Word Mark |
SEKHEM |
|
Translations |
The English translation of "SEKHEM" is "spiritual
powers or authority". |
|
Goods and
Services |
IC 042. US 100 101. G & S: health care
services, namely, medical clinics, naturopathy, chiropractic, massage,
emergency medical assistance, pharmacy consulting, physiotherapy, rest homes,
sanitariums, and wound healing services. FIRST USE:
19951005. FIRST USE IN COMMERCE: 19951005 |
|
Mark Drawing
Code |
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS |
|
Design
Search Code |
01.15.08 - Drops (rain, tear, etc.); Raindrops;
Teardrops |
|
Serial
Number |
75470001 |
|
Filing Date |
April 20, 1998 |
|
Current
Filing Basis |
44E |
|
Original
Filing Basis |
1B;44D |
|
Published
for Opposition |
December 25, 2001 |
|
Registration
Number |
2735730 |
|
Registration
Date |
July 15, 2003 |
|
Owner |
(REGISTRANT) BELOT, HELEN |
|
Attorney of
Record |
MICHAEL A CANTOR |
|
Priority
Date |
October 21, 1997 |
|
Disclaimer |
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE
"SEKHEM" APART FROM THE MARK AS SHOWN |
|
Description
of Mark |
The stippling in the drawing is a feature of the
mark and does not indicate color. |
|
Type of Mark |
SERVICE MARK |
|
Register |
PRINCIPAL |
|
Live/Dead
Indicator |
LIVE |
Implication
of the trademark
It would be advisable for
anybody in the
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 the
Trademark 75470001 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.
Although healers in the USA 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 owner or to be
‘passing themselves off’ in a manner similar to the trademark owner, 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 online database.
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.
My Sekhem Lineage in the
When I was training with
Helen, I sought clarification from her that we had an agreement for myself and all my students and their students down through
my teaching line in perpetuity to teach her system and to use her teaching
materials and logo. This she confirmed. This means that a contract to that
effect exists in English law. There were no conditions attached. The
implication of this is that anybody in my teaching line is eligible to use the
word Sekhem written in whatever way they wish
together with the logo without geographical restriction. I have not taken any advice
on how this might sit in the
Thank you.
Robert
15th December 2006
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