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TradeMark Information

"A TRADEMARK is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others."

"Anyone who claims rights in a mark may use the TM (trademark) or SM (service mark) designation with the mark to alert the public to the claim. It is not necessary to have a registration, or even a pending application, to use these designations. The claim may or may not be valid. The registration symbol, , may only be used when the mark is registered in the PTO. It is improper to use this symbol at any point before the registration issues."

You might have noticed that there are a few big time candle makers who have taken to TM and regestering their candle names and scents. Yankee Candles has Tarts, Fragrances, christmas wish, and so on. Others have Cake candles and sugar cookie.

Many of the small time candle makers are going to run out of things to call thier candles. What is next? Will one of the larger companies TM the word Candle? Where will we be then? If these issues are important to you and you can take a little time write to the person named below and express your feelings to them. I feel that whom ever is responsible for researching terms that are being TM'ed isn't doing his/her job very well. If they were they would realize that these frases that they are using are very common names used by many people, and they did not solely come up with the idea or name.

What I feel should be alowed is the TM of certain scents with names thought up by that individual. Such as Christmas wish, white christmas. Names like these that someone obviously made up for these candles. I do not believe however that Sugar cookie, Macintosh, buttercream, tart, cake candles should be terms that a company should be able to TM.

The Assistant Commissioner for Trademarks
2900 Crystal Drive
Arlington, Virginia 22202-3513

Information about TM, SM, RM, can be found on the web at US patient and trade office home page
Or at Trademark data base

Both of the sites above are the same, you can search the database for TM registration numbers.

Information services, Tm contact information page