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Sekhem – Trademarking Guidance (Hong Kong )
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.
The Intellectual
Property Department of the
The Intellectual Property Department is the name of
the Hong Kong Government organisation that has responsibility for the
administration of patents, trade marks, designs and copyright protection in
Search for Sekhem
related registered trademarks on the Hong Kong SAR Intellectual
Property Department database http://ipsearch.ipd.gov.hk/index.html
gives the following result. The result is the copyright of the Hong Kong
SAR Intellectual Property Department.
Trademark Number:
200113728
Trademark Status: Registered
Trademark:
HELEN BELOT SEKHEM
Trademark Type:
Ordinary
Trademark Owner:
Helen Belot,
Business class for which trademarking
approval has been given: Class 42 - health care services; medical clinic services;
naturopath services; massage services; medical assistance; pharmacy advice;
physiotherapy; rest home services; sanatorium services.
Disclaimer: Registration of this Trade Mark shall
give no right to the exclusive use of the word "SEKHEM".
Date of registration 29-01-2001
Expiry date 29-01-2008
Implication
of the trademark
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 Hong Kong.
Trademark 200113728
is for a word based trademark which does not include any logo or other image
design. The trademark is for the use of the three words HELEN BELOT SEKHEM
together and does not apply to any of these three words used separately. The trademarking
approval is only for what is shown above.
Although healers in Hong Kong 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.
Thank you.
Robert
15th December 2006
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