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Sekhem – Hong Kong Trademarking

 

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

 

 

 

 

 

Background to the Notice

 

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 thought it appropriate to post 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 Hong Kong. 

 

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 Hong Kong Special Administrative Region

 

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 Hong Kong. The home page for its website is at  http://www.ipd.gov.hk/ .

 

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, Australia

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   29-01-2018

 

 

 

 

Implication of the trademark

 

It would be advisable for anybody in Hong Kong affected by the trademark to check with the Intellectual Property Department that there are no other Sekhem related trademarks which for some reason do not appear in the online database. Webpage   http://www.ip-prd.net/main_e.htm refers to the development of an integrated database of trademark and other similar information for the Pearl River Delta Region and it is possible that the migration of all Sekhem related trademark information from legacy databases to the new database is not yet 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 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 for Class 42 services 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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