Sekhem – USA Trademarking

This page is for people using the word Sekhem in the United States of America. 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 Hong Kong. Click here for the European Union page, click here for the Australia page and click here for the Hong Kong page.

Background to this page

In November 2006, I posted to this website a page 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 page 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 the USA.

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 United States Patent and Trademark Office

The United States Patent and Trademark Office is the name of the United States Government organisation that has responsibility for the administration of patents, trade marks and copyright protection. The home page for its website is at http://www.uspto.gov/# .

Search for Sekhem related registered trademarks on the United States Patent and Trademark Office website gives the following result. The result is the copyright of the United States Patent and Trademark Office and is posted to this website in accordance with its reproduction permissions. The trademark itself is not posted to this page as it is not part of the reproduction permission but is the same trademark as the Australian trademark #746809. Please click here to see it on the Notice for the Australian trademark.

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 11.03.10 - Paper plates, full; Plates, dinnerware, full 24.17.12 - Infinity symbols 26.01.02 - Circles, plain single line; Plain single line circles 26.05.02 - Plain single line triangles; Triangles, plain single line
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 AUSTRALIA
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 United States of America affected by the trademark to check with the United States Patent and Trademark Office that there are no other Sekhem related trademarks which for some reason do not appear in the online database.

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 USA.

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 USA

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 USA with the trademark registration there. If the trademarking in the USA is creating a problem either for the people there who hold certificates from myself or for the people further down their teaching lineages, my guidance would be to seek legal advice about their positions. I would be happy to provide a witness statement confirmed by a public notary as to the facts of my training directly with the trademark owner. Anybody down in the teaching lineage from myself in the USA is welcome to make contact with me with queries about this matter.

Thank you.

Robert

15th December 2006