Re: lush opens in my country and we share a product name, whos to go?

[Guest guest]

Frustrating isn't it...

You would need to ask your government, and if Lush has trademarket that

particular name world wide, then you will have to change it..

I looked in trademark, here in Canada, and I can get a trade mark for Canada

only, I can also get another one for the USA and If I want europe, then I

can pick one country or buy a package of something like 13 countires ( what

ever countries use Euro).

Good Luck,

Carol

lush opens in my country and we share a product

name, whos to go?

>

>

>

> hi,

> well kush has just opened in my country,

> and to my horror we have a product which has a common name.

> now i can't copyright each and every name like lush has, its to

> expensive.

>

> so my q is, can lush turn around tom and sue me for using my name??

> note i have been in business longer here.....

>

>

> nat

>

>

>

>

>

>

>

>

>

> Best priced essential oils! Eucalyptus leaf and flax seed on Sale this

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> -unsubscribe

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[Guest guest]

Hi

It all depends... as this falls under the realms of the WIPO (World

Intellectual Property Organisation) and yes Lush have some heavy

duty lawyers that are employed to work on cases just like this one.

Hell, they even employ their own chemist!

If they have Trade Marked the name then you will have to prove that

you had the name first and that it was in the public eye prior to

Lush Trade Marking the name.

I belong to UKSoaping and Lush did the same thing to another

business owner on that group named Melinda Coss.

Lush didn't sue her they just got their lawyers to post a £700 bill

for the use of the name Karma, this happened last year. She legally

had to pay the bill and rename her product as a consequence.

Lush is NO SMALL OUTFIT - as you rightly know.

Don't get me wrong I am not a fan of Lush but I am about to Trade

Mark my name (Internationally) and am looking into Patents for my

recipes.

Remember having copyright is *NOT* the same thing as have a Trade

Mark.

If you can please check this out with your solicitor and do a Trade

Mark search.

I only know of the Trade Mark search engines for the EU, UK & USA.

Go to http://www.whois.net at the bottom of the page you will

see " Trademark / Intl Info " select either EU or USA

(http://tess2.uspto.gov/bin/gate.exe?f=searchss & state=vkk1nj.1.1)

this is the US one it is a bit difficult to get to so here it is.

Then search under the name.

Double click on the " Word Mark "

The category for toiletries is Category 03 or NICE 03 or NICE 3 or

IC03(in the USA).

Chances are that once Lush has filed for a mark in 1 country that

they have done it as an international mark.

You will need to check to see if there is one for what they call

the " Madrid System " which allows you to Trade Mark your name

Internationally with one application.

If they have Trade Marked the same name you are using then:

1. Find out the " Filing Date "

2. If the " Filing Date " is after that of when your name came out

then get some proof as to the date that your name was out in the

public eye. Trade Mark ruling states that if your mark was in the

public eye for at least 5 years prior to anyone elses then you

officially have the right to use that mark. Regardless of whether

the mark had been registered AFTER yours has been in the public

domain.

3. Speak to a lawyer - just incase Lush come sniffing 'round.

The reason why I know this information is that I speak to the WIPO

on a daily basis (for over a year now) and wanted to ensure that I

had my backside covered before starting my own toiletry business.

The last time I spoke to them was on Friday the 8th of October

ironically about something similar to this.

I do hope this helps.

Please let me know if you need any further information & sorry for

the long post.

Kind regards

Anita

------------------>

lush turn around tom and sue me for using my name??

[Guest guest]

Hi again

I am guessing here so please correct me if I am wrong but if you are

referring to the Lush in Sri Lanka then I also wanted to add that if

you require assistance contact:

http://www.marcaria.com/site_en/web/Preguntas_Marcas.asp?Country=Sri%

20Lanka

They are a firm of Internationally known Trademark solicitors who

will be able to give you 30 mins FREE consultation.

They also have an online Live Help thingy.

As I mentioned before the Madrid System covers your Trademark for

EVERY COUNTRY IN THE WORLD. From Alaska to Zambia BUT you must apply

for initial Trademark registration in your own country FIRST then

apply for the Madrid System.

I strongly recommend you start to Trademark the names of your

products to protect yourself.

I did a WIPO search on Trademark law in Sri Lanka and have spoken to

the UK Patent office on your behalf they have advised that you seek

out a lawyer and they mentioned that a lot of companies especially

in Toiletries, Food & Clothing earn a WHOLE LOAD OF MONEY thru

Trademarks than they do thru their retail businesses ~ Nasty &

Unjust but unfortunately true ~

Anyway, I'm not sure if this link will help but you never know.

http://www.wipo.int/search/en/query.html?

col=trtdocs & col=domain & col=pctndocs & col=pubdocs & col=meetings & col=notd

ocs & col=formdocs & col=arbiter & col=madrdocs & col=www & col=upov & col=prdocs

& col=hagdocs & qt=Sri+Lanka+Trademark+law & charset=utf-8

I do hope I've been of some assistance.

Must go and post my own Trademark registration now.

Kind regards

Anita

[Guest guest]

Hello

Humble apologies..

In that case please do a search on the Trade Mark using this site for the Patent

Office/Trade Mark in India.

http://www.patentoffice.nic.in/ -> covering Intellectual Property in India

http://www.skorydov.com/tmr/ -> Tademark search in India although someone at

the Patent Office told me that the search engine is on trial at the moment but

there is some really good information on there about what to do in your

situation.

This is the link for the individual countries around the world.

http://www.inta.org/links/ipoffices.html

I do hope this information helps you.

Kind regards

Anita

amitsarda <ntuli@...> wrote:

Hi,

actually lush is just opedned in Bangalore, india.

I operate from mumbai but supply all over the country.

nat

---------------------------------

[Guest guest]

Let me get this straight - Lush is using a Sanskrit term and is declaring

ownership of this word within the country the word originates from? Interesting.

Does it cost money to trademark names? I am getting paranoid about any great

name I come up with. I don't care if people use the name themselves - I just

care that I may not be able to use it if a company with more money and power

decides to use it.

Intellectual property seems to be a greedy, cutthroat domain. I'm not a big fan.

Anita Grant <shulta_grant@...> wrote:

Hello

Humble apologies..

In that case please do a search on the Trade Mark using this site for the Patent

Office/Trade Mark in India.

http://www.patentoffice.nic.in/ -> covering Intellectual Property in India

http://www.skorydov.com/tmr/ -> Tademark search in India although someone at

the Patent Office told me that the search engine is on trial at the moment but

there is some really good information on there about what to do in your

situation.

This is the link for the individual countries around the world.

http://www.inta.org/links/ipoffices.html

I do hope this information helps you.

Kind regards

Anita

amitsarda <ntuli@...> wrote:

Hi,

actually lush is just opedned in Bangalore, india.

I operate from mumbai but supply all over the country.

nat

---------------------------------

[Guest guest]

YES,

thats true,

but its happenign all over...

many sanskrit words are utilised all over.

we have a whole lot of shops with the name karma, even a restaurant,

lets see

it costs a bomb to trademark, thats why we small fish can't do it.

I offer 50 types of soap, so to trademark all!!! can't

nat

>

> Hi,

> actually lush is just opedned in Bangalore, india.

> I operate from mumbai but supply all over the country.

>

> nat

>

>

> ---------------------------------

>

>

>

>

[Guest guest]

Hello

Yes I do agree with you Intellectual Property is NASTY - JUST PLAIN

NASTY especially for us little guys!!!

I have found myself doing more on the business side than making

products just to ensure that I protect my big behind from the likes

of Lush et al!

WHY AM I TRADE MARKING MY BUSINESS?

------------------------------------

After I seen what happened last year to Melinda Coss and Lush I

thought that I better find out all I can about Intellectual Property

(Design, Trade Marks, Copyright and Patents). Find out if this was a

one off or if this happens on a regular basis around the world. Find

out how I can protect myself and how much it would cost. Find out

whether it was worth doing or should I just stick to my IT job

at " Alcatraz " and forget my dreams of having my own toiletry

business....etc...etc...etc..

COSTS INVOLVED?

----------------

Yes it does cost money to Trademark names and the names must go

under the appropriate trade mark category....BUT it is not difficult

anyone can do it. HONEST!!! It is costing me £200 to Trade Mark my

name & the names of my products. I see it as £200 is less expensive

then getting sued.

WHAT TO DO NEXT?

-----------------

Contact the Patent Office in your country (I think I sent the links

for all the countries world wide if not email me off list and I'll

dig it out again) and get all the free info you can. Contact

Patent/TM lawyers and get them to give you 30 mins free or a free

consultation. That is what I did for over a year now - I swear I

must have spoken to about 30 different TM lawyers. 30 lawyers x 30

mins free info each = a lot of FREE legal advice!

Prepare your questions based on what the patent office gives you.

WHAT I HAVE DONE SO FAR WITH MY TRADE MARK ?

------------------------------------------------

I sent off for my UK TM yesterday, now that that is being registered

I will go and apply Internationally what they call the " Madrid

System " .

YOUR COMMENTS..

---------------

Lush IS using a sanskirt name for it's products & YUP I really feel

where you are coming from with that comment - REALLY I DO!!!

It don't half fire me up..!

DON'T WORRY B HAPPY!

--------------------

Don't be paranoid about anything. I would start off by doing a

simple trademark search in the countries you sell to.

Unfortunately, Big Companies with loads of capital will come

knocking demanding ££$£$£ if their lawyers find out that you are

using their Trade Marked name.

ANOTHER UBIQUITOUS COMPANY WHO DID A " LUSH " ON A SMALL TIMER

------------------------------------------------------------

During my research I came across one such action involving The Body

Shop in the UK and The Body Shop in California.

In brief the Body Shop in California came up with the name first BUT

had no proof that it was in the public domain prior to Anita

Roddick's UK Body Shop. So Anita Roddick Trade Marked The Body

Shop and told the small company in California to change their name

OR ELSE.... they legally had to change it.

The Californina company is now called Body Time read their story on

their website http://www.bodytime.com/history.html

I found LOADS of examples involving small timers & big companies!!!

IMHO - being armed is better than being sued!

Kind regards

Anita

<------------------------------------

Let me get this straight - Lush is using a Sanskrit term and is

declaring ownership of this word within the country the word

originates from? Interesting.

Does it cost money to trademark names? I am getting paranoid about

any great name I come up with. I don't care if people use the name

themselves -I just care that I may not be able to use it if a

company with more money and power decides to use it.

Intellectual property seems to be a greedy, cutthroat domain. I'm

not a big fan.

[Guest guest]

Thank you for sharing all your hard work. Saves me a lot of time!!!

Anita <shulta_grant@...> wrote:

Hello

Yes I do agree with you Intellectual Property is NASTY - JUST PLAIN

NASTY especially for us little guys!!!

I have found myself doing more on the business side than making

products just to ensure that I protect my big behind from the likes

of Lush et al!

WHY AM I TRADE MARKING MY BUSINESS?

------------------------------------

After I seen what happened last year to Melinda Coss and Lush I

thought that I better find out all I can about Intellectual Property

(Design, Trade Marks, Copyright and Patents). Find out if this was a

one off or if this happens on a regular basis around the world. Find

out how I can protect myself and how much it would cost. Find out

whether it was worth doing or should I just stick to my IT job

at " Alcatraz " and forget my dreams of having my own toiletry

business....etc...etc...etc..

COSTS INVOLVED?

----------------

Yes it does cost money to Trademark names and the names must go

under the appropriate trade mark category....BUT it is not difficult

anyone can do it. HONEST!!! It is costing me £200 to Trade Mark my

name & the names of my products. I see it as £200 is less expensive

then getting sued.

WHAT TO DO NEXT?

-----------------

Contact the Patent Office in your country (I think I sent the links

for all the countries world wide if not email me off list and I'll

dig it out again) and get all the free info you can. Contact

Patent/TM lawyers and get them to give you 30 mins free or a free

consultation. That is what I did for over a year now - I swear I

must have spoken to about 30 different TM lawyers. 30 lawyers x 30

mins free info each = a lot of FREE legal advice!

Prepare your questions based on what the patent office gives you.

WHAT I HAVE DONE SO FAR WITH MY TRADE MARK ?

------------------------------------------------

I sent off for my UK TM yesterday, now that that is being registered

I will go and apply Internationally what they call the " Madrid

System " .

YOUR COMMENTS..

---------------

Lush IS using a sanskirt name for it's products & YUP I really feel

where you are coming from with that comment - REALLY I DO!!!

It don't half fire me up..!

DON'T WORRY B HAPPY!

--------------------

Don't be paranoid about anything. I would start off by doing a

simple trademark search in the countries you sell to.

Unfortunately, Big Companies with loads of capital will come

knocking demanding ££$£$£ if their lawyers find out that you are

using their Trade Marked name.

ANOTHER UBIQUITOUS COMPANY WHO DID A " LUSH " ON A SMALL TIMER

------------------------------------------------------------

During my research I came across one such action involving The Body

Shop in the UK and The Body Shop in California.

In brief the Body Shop in California came up with the name first BUT

had no proof that it was in the public domain prior to Anita

Roddick's UK Body Shop. So Anita Roddick Trade Marked The Body

Shop and told the small company in California to change their name

OR ELSE.... they legally had to change it.

The Californina company is now called Body Time read their story on

their website http://www.bodytime.com/history.html

I found LOADS of examples involving small timers & big companies!!!

IMHO - being armed is better than being sued!

Kind regards

Anita

<------------------------------------

Let me get this straight - Lush is using a Sanskrit term and is

declaring ownership of this word within the country the word

originates from? Interesting.

Does it cost money to trademark names? I am getting paranoid about

any great name I come up with. I don't care if people use the name

themselves -I just care that I may not be able to use it if a

company with more money and power decides to use it.

Intellectual property seems to be a greedy, cutthroat domain. I'm

not a big fan.

Best priced essential oils! Eucalyptus leaf and flax seed on Sale this week!

Cotton Blossom Fragrance oil on Sale!

http://glenbrookfarm.com/store/specialsseeds_1.html

To unsub send an e-mail to :

-unsubscribe

[Guest guest]

Hi ya

Not a problem.

If you need anymore info just let me know and I will try my best to

assist.

Kind regards

Anita

[Guest guest]

You save money if you just trade mark in your state. (it runns

around $50.00) If you do it for the USA it is around $300.00.

Contact your Sec. of State.

HTH,

Jenn

> >

> > Hi,

> > actually lush is just opedned in Bangalore, india.

> > I operate from mumbai but supply all over the country.

> >

> > nat

> >

> >

> > ---------------------------------

> >

> >

> >

> >