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Sekhem - Australia Trademarking

 

This page is for the attention of people using the word Sekhem in Australia. The original date of posting is December 2006 with the last update in August 2012. This website has separate pages relating to the trademarking of Sekhem in the European Union, the USA and in Hong Kong.  Click here for the European Union page, click here for the USA page and click here for the Hong Kong page.  

 

 

 

 

 

Background to this page

 

In November 2006, I posted to this website a Notice regarding the successful application by Helen Belôt to trademark the name SEKHEM within the European Union. Helen Belôt is the Australian Energy Master who works with the Sekhem energy. That Notice contained passing references to the trademarking of Sekhem in Australia, the USA and Hong Kong also. I subsequently received e-mails from healers in some of these countries asking for further information so am also posting to this website trademarking details for those countries.  

 

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 Australia. 

 

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 Australia relevant to the trademarking of Sekhem is the Trade Marks Act 1995 which can be found by at http://www.comlaw.gov.au/comlaw/comlaw.nsf/sh/homepage.

 

Search for Sekhem related registered trademarks on the IP Australia website gives the following results. Trademarks 746809 and 789543 are currently live. Trademark 740186 is expired and no longer live. These results are the copyright of the Commonwealth of Australia and are posted to this website in accordance with the reproduction permissions from IP Australia.

 

 

 

 

Trade Mark : 746809

 

Word:

SEKHEM

Image:

ETERNITY SYMB. IN TRIANGLE IN CIRCLE; DROPS, FLOWER, STYL.

Lodgement Date:

21-OCT-1997

Registered From:

21-OCT-1997

Date of Acceptance:

08-APR-1999

Acceptance Advertised:

22-APR-1999

Registration Advertised:

19-AUG-1999

Sealing Date:

06-AUG-1999

Renewal Due:

21-OCT-2017

Class/es:

42

Status:

Registered/Protected - Renewal Due

Type of Mark:

Composite

 

Owner/s:

Helen Belôt

 

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

 

Word:

HELEN BELOT SEKHEM

Image:

 

Lodgement Date:

29-MAR-1999

Registered From:

29-MAR-1999

Date of Acceptance:

03-DEC-1999

Acceptance Advertised:

23-DEC-1999

Registration Advertised:

20-APR-2000

Sealing Date:

07-APR-2000

Renewal Due:

29-MAR-2019

Class/es:

42

Status:

Registered/Protected

Kind:

n/a

Type of Mark:

Word

 

Owner/s:

Helen Belôt


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

 

Word:

EMERGING LIGHT SEKHEM

Image:

 

Lodgement Date:

29-JUL-1997

Registered From:

29-JUL-1997

Date of Acceptance:

11-FEB-1998

Acceptance Advertised:

26-FEB-1998

Registration Advertised:

27-AUG-1998

Sealing Date:

12-AUG-1998

Renewal Due:

29-JUL-2007

Class/es:

41

Status:

Registered/Protected - Renewal Due

Kind:

n/a

Type of Mark:

Word

 

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 Australia affected by the trademarks to check with IP Australia that there are no other Sekhem related trademarks which for some reason do not appear in the main IP Australia database. There is reference on the IP Australia website to data migration from old legacy record systems to the current database and at the time of posting this Notice the migration might not yet be complete.

 

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 Australia.

 

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 was for the combination of the three words EMERGING LIGHT SEKHEM and was 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 was only for what is shown above. It does not appear that application to renew this trademark was made in 2007 and it looks as if this trademark approval has ceased. 

 

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

 

First posted : 15th December 2006

Last updated : 27th August 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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