Guest guest Posted September 7, 2005 Report Share Posted September 7, 2005 Hi Carol, Can they really bother you just cause your name has the word " Witch " in it? Can they really now entirely stricken the word Witch from the commercial market in Canada? I could see if your name was also just " Witch " and y'all sell the same kind of items - like another " McDonald's " who sells burgers .. but in the US the copyright infringement thing has a lot to do with whether or not folks would get reasonable confused or there is " deception " intended by a name. If your name is Witch Something they shouldn't be able to bug you (according to the way things work here ...) since the word Witch is a common word ... Might be something worth looking into - even for the principle of the thing! I bet you can get answers without even having to hire a lawyer. There has to be a gov't web site and phone # for the trademark dep't like in the US. Good luck whichever way you end up having to go with this! *Smile* Chris (list mom) http://www.alittleolfactory.com <http://www.alittleolfactory.com/> Think left and think right and think low and think high. Oh, the thinks you can think up if only you try! - Dr Seuss On Behalf Of Carol Pearce Hi Gang, I need your creative assistance, my little company is under attack. A brittish company ( figures), has trade marked the name witch, here in Canada. So my little company name of witch essentials is currently being opposed by an expensive group of lawyers. I am looking to make a switch , I need to come up with a name that covers spell supplies, natural beauty products, candles, incense etc, oils and herbs. Any suggestions would be greatly appreciated.. Carol Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 7, 2005 Report Share Posted September 7, 2005 Hi Chris, the problem started when I had my wares down as body products etc, they make 3 Witch hazel products, so they were against me. So, I offered to change my wares and not to sell Witch Essential products under W/E. Now they tell me that even if I reapply with a new application stating my wares as metaphysical supplies ( which I was going to add later), they will fight me on it. This is a cut and paste from their email: They do not want you to use the word WITCH. I think their just out to cause me problems at this point. I haven't decided whether or not to fight it, I want to on principal, but then again, they have 6 patent lawyers on board who can dance circles around me. I did check the gvmt web site and there is nothing there that can help me. Unless I can prove that the word " Witch " is clearly descriptive, I will have to sleep on that one, lol.. Carol Christine Ziegler wrote: >Hi Carol, > >Can they really bother you just cause your name has the word " Witch " in >it? Can they really now entirely stricken the word Witch from the >commercial market in Canada? > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 8, 2005 Report Share Posted September 8, 2005 I know I just usually lurk on here, but that just sounds weird. If they are selling Witch Hazel products, that has nothing to do with what you are selling. Do any of your products contain witch hazel? If not, I wouldn't worry about it. People are not going to get confused between your Witch Essential Products and their witch hazel products. I would try and fight it. Before I would talk to them again, I would get all my ducks in a row of what you want to do, all your products and what they are and how they are differnent than this companies. I would also read everything I could on trademarks and such to show that you are not infringing on their trademark and the reason why you are not infringing. That's just crazy. It makes it sound like if you were a Halloween store or something and you were selling witch hats, they would come after you!! That's crazy! How can you trademark the name WITCH? I think there was time someone tried to say they trademarked the name " lip balm " and was going to sue everyone who used that on their labels!! Nut job, that person was!!! Good luck to you!! Nikie Brown After The Rayne http://www.aftertherayne.com/supplies.htm nbrown 936-203-3188 On Behalf Of Carol Pearce Wednesday, September 07, 2005 4:35 PM Re: O/T need help (Trademarking) Hi Chris, the problem started when I had my wares down as body products etc, they make 3 Witch hazel products, so they were against me. So, I offered to change my wares and not to sell Witch Essential products under W/E. Now they tell me that even if I reapply with a new application stating my wares as metaphysical supplies ( which I was going to add later), they will fight me on it. This is a cut and paste from their email: They do not want you to use the word WITCH. I think their just out to cause me problems at this point. I haven't decided whether or not to fight it, I want to on principal, but then again, they have 6 patent lawyers on board who can dance circles around me. I did check the gvmt web site and there is nothing there that can help me. Unless I can prove that the word " Witch " is clearly descriptive, I will have to sleep on that one, lol.. Carol Christine Ziegler wrote: >Hi Carol, > >Can they really bother you just cause your name has the word " Witch " in >it? Can they really now entirely stricken the word Witch from the >commercial market in Canada? > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 8, 2005 Report Share Posted September 8, 2005 My husband said the proper response is sue me and, oh have a nice day!! He doesn't know how Canadian/British trademark laws are, but he doesn't think you can trademark generic terms. But, like I've said before, I would research everything I can of your trademark law and fight them on it. Now back to lurk mode. Nikie Brown After The Rayne http://www.aftertherayne.com/supplies.htm nbrown 936-203-3188 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 8, 2005 Report Share Posted September 8, 2005 On Wed, 07 Sep 2005 16:25:37 -0500, you wrote: > >Might be something worth looking into - even for the principle of the >thing! I bet you can get answers without even having to hire a lawyer. >There has to be a gov't web site and phone # for the trademark dep't >like in the US. A few years ago in Baltimore, a lovely woman named Sony ( Can you see where this is going?) had a small carryout place at the mall, named Sony's. How can that be confused with electronic equipment? Well Sony thought so and fought her in court. She finally gave in because of the cost and changed the name. Sue Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2005 Report Share Posted September 9, 2005 Carol, How about taking this to the media? Alas, CBC is only half functioning due to a labour dispute. It is totally insane. Which of course does not mean it cannot be done. Witness Schmeiser. I remember a small coffee house in Haida Gwaii (aka Queen Charlotte Islands) that used a name someone else wanted trademarked. Alas, I forgot the details. But they won. Ien in the Kootenays *************************** Good planets are hard to find. Let's look after this one! One way to sustainable activism http://theforestpath.com *************************** Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2005 Report Share Posted September 9, 2005 I'm not going to bother with the media, I am more angry at the Cdn Gvmt for allowing Witch to be trade-marked in the first place. I'm actually looking at this as a blessing now, a time to rethink what it is that I want to do I'm looking at blackcat names now and I'm thinking blackcatsngrimoires.com I don't think I will have any trouble trade marking that one, now I just need the money to redo all this, lol.. Thanks for your suggestions they were very helpful.. Have a great weekend.. Carol Ieneke van Houten wrote: >Carol, > >How about taking this to the media? >Alas, CBC is only half functioning due >to a labour dispute. > >It is totally insane. >Which of course does not mean it cannot >be done. Witness Schmeiser. > >I remember a small coffee house in Haida Gwaii >(aka Queen Charlotte Islands) that used a name >someone else wanted trademarked. >Alas, I forgot the details. But they won. > >Ien in the Kootenays >*************************** >Good planets are hard to find. >Let's look after this one! >One way to sustainable activism >http://theforestpath.com >*************************** > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2005 Report Share Posted September 9, 2005 Be sure you save your domain name QUICK when you decide on it!! Just last week a soaper I know had her domain name swiped by another soaper, just to hold her up in getting her web presence established. Serra On 9/9/05, Carol Pearce <cjpearce wrote: > I'm not going to bother with the media, I am more angry at the Cdn Gvmt > for allowing Witch to be trade-marked in the first place. I'm actually > looking at this as a blessing now, a time to rethink what it is that I > want to do > > I'm looking at blackcat names now and I'm thinking > blackcatsngrimoires.com I don't think I will have any trouble trade > marking that one, now I just need the money to redo all this, lol.. > > Thanks for your suggestions they were very helpful.. > Have a great weekend.. > > Carol > > -- Reserve now for handmade 100% cotton washcloths! Information at: http://scentedbusiness.blogspot.com Note the URL change for business-related postings! Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2005 Report Share Posted September 9, 2005 Will do as soon as I have finalized the name, I will trademark, buy domain and reg with local goverment all in the same hour, lol Have a great weekend! Carol Serra wrote: >Be sure you save your domain name QUICK when you decide on it!! > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2005 Report Share Posted September 9, 2005 I would buy the domain before the trademark! Just to be sure that you get it! ~J~ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2005 Report Share Posted September 9, 2005 How do you do a trademark? Or copyright your name? Julia Graber Girl By Julia Julia Graber Cregger Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 10, 2005 Report Share Posted September 10, 2005 Godaddy.com has a link to help you trademark/copyright your site. I didn't look too closely at it, but it's there. Steph }) www.foxesdensoap.com On Behalf Of Earthfinds I would buy the domain before the trademark! Just to be sure that you get it! ~J~ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 10, 2005 Report Share Posted September 10, 2005 Thank you Steph Graber Girl By Julia Julia Graber Cregger Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 10, 2005 Report Share Posted September 10, 2005 Glad to help. Its something I've been curious about too. Steph }) Above all else you do in a day, make at least one person smile. www.foxesdensoap.com On Behalf Of grabergirlbyjulia Thank you Steph Graber Girl By Julia Julia Graber Cregger Quote Link to comment Share on other sites More sharing options...
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