it has come to my attention and the attention of others in the soaping community that the generic term of "soap loaf" has been trademarked. This is the equivalent to someone trademarking meat loaf. It affects us all. This is a general term we all use. It is descriptive rather than a company product. We use the word on the forums. Please read and sign. Bonnie Garrity is the Good Earth Spa owner who has alot of tutorials on you tube. http://www.change.org/petitions/pet...utm_medium=facebook&utm_source=share_petition
Petition for contesting Soap Loaf trademark
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In comments I put that 'soap loaf' is a common term in the trade and business and thus would open up a lot of lawsuits for businesses that have been using the term for many decades. Hope that helps.- Patrica Hamp. I asked permission from the person who is not a member of this board to use her comment to share.
Thanks for posting this, and thanks to your friend for starting this. I signed! I forget the term for this, but lots of people are doing it in all sorts of areas to try to gouge money, and I think it's disgusting.
Well, from time to time these things happen so we as a community can attempt to correct and overturn. Maybe the person didnt understand the implications. People overseas can sign too. It is encouraged so that it can be shown it is a generic term. I'm going to try to keep the thread up. It is important.
somedayHomefree
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This is not the correct way to contest a trademark. A petition on Change.org will do nothing. Here is a link that explains the process.
http://www.uspto.gov/trademarks/index.jsp
15 U.S.C. § 1064 [Section 14 of the Trademark Act] A petition to cancel a registration of a
mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as
follows by any person who believes that he is or will be damaged, including as a result of
dilution under section 43(a), by the registration of a mark on the principal register established
by this Act, or under the Act of March 3, 1881, or the Act of February 20, 1905:
(1) Within five years from the date of the registration of the mark under this Act.
(2) Within five years from the date of publication under section 12(c) hereof of a mark
registered under the Act of March 3, 1881, or the Act of February 20, 1905.
(3) At any time if the registered mark becomes the generic name for the goods or
services, or a portion thereof, for which it is registered, or is functional or has been
abandoned, or its registration was obtained fraudulently or contrary to the provisions of
section 4 or of subsection (a), (b), or (c) of section 2 for a registration under this Act, or
contrary to similar prohibitory provisions of such prior Acts for a registration under such
Acts, or if the registered mark is being used by, or with the permission of, the registrant
so as to misrepresent the source of the goods or services on or in connection with which
the mark is used. If the registered mark becomes the generic name for less than all of thegoods or services for which it is registered, a petition to cancel the registration for only
those goods or services may be filed. A registered mark shall not be deemed to be the
generic name of goods or services solely because such mark is also used as a name of or
to identify a unique product or service. The primary significance of the registered mark
to the relevant public rather than purchaser motivation shall be the test for determining
whether the registered mark has become the generic name of goods or services on or in
connection with which it has been used.
(4) At any time if the mark is registered under the Act of March 3, 1881, or the Act of
February 20, 1905, and has not been published under the provisions of subsection (c) of
section 12 of this Act.
(5) At any time in the case of a certification mark on the ground that the registrant (A)
does not control, or is not able legitimately to exercise control over, the use of such mark,
or (B) engages in the production or marketing of any goods or services to which the
certification mark is applied, or (C) permits the use of the certification mark for purposes
other than to certify, or (D) discriminately refuses to certify or to continue to certify the
goods or services of any person who maintains the standards or conditions which such
mark certifies:
Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in
paragraphs (3) and (5) of this section any mark registered on the principal register established
by this Act, and the prescribed fee shall not be required.
http://www.uspto.gov/trademarks/index.jsp
15 U.S.C. § 1064 [Section 14 of the Trademark Act] A petition to cancel a registration of a
mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as
follows by any person who believes that he is or will be damaged, including as a result of
dilution under section 43(a), by the registration of a mark on the principal register established
by this Act, or under the Act of March 3, 1881, or the Act of February 20, 1905:
(1) Within five years from the date of the registration of the mark under this Act.
(2) Within five years from the date of publication under section 12(c) hereof of a mark
registered under the Act of March 3, 1881, or the Act of February 20, 1905.
(3) At any time if the registered mark becomes the generic name for the goods or
services, or a portion thereof, for which it is registered, or is functional or has been
abandoned, or its registration was obtained fraudulently or contrary to the provisions of
section 4 or of subsection (a), (b), or (c) of section 2 for a registration under this Act, or
contrary to similar prohibitory provisions of such prior Acts for a registration under such
Acts, or if the registered mark is being used by, or with the permission of, the registrant
so as to misrepresent the source of the goods or services on or in connection with which
the mark is used. If the registered mark becomes the generic name for less than all of thegoods or services for which it is registered, a petition to cancel the registration for only
those goods or services may be filed. A registered mark shall not be deemed to be the
generic name of goods or services solely because such mark is also used as a name of or
to identify a unique product or service. The primary significance of the registered mark
to the relevant public rather than purchaser motivation shall be the test for determining
whether the registered mark has become the generic name of goods or services on or in
connection with which it has been used.
(4) At any time if the mark is registered under the Act of March 3, 1881, or the Act of
February 20, 1905, and has not been published under the provisions of subsection (c) of
section 12 of this Act.
(5) At any time in the case of a certification mark on the ground that the registrant (A)
does not control, or is not able legitimately to exercise control over, the use of such mark,
or (B) engages in the production or marketing of any goods or services to which the
certification mark is applied, or (C) permits the use of the certification mark for purposes
other than to certify, or (D) discriminately refuses to certify or to continue to certify the
goods or services of any person who maintains the standards or conditions which such
mark certifies:
Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in
paragraphs (3) and (5) of this section any mark registered on the principal register established
by this Act, and the prescribed fee shall not be required.
Last edited:
I signed it.
Signed
I pinned it to Pinterest as well; if anyone wants to they can re-pin it to spread the word faster:
http://pinterest.com/pin/269301252691231397/
I pinned it to Pinterest as well; if anyone wants to they can re-pin it to spread the word faster:
http://pinterest.com/pin/269301252691231397/
Signed
jessicascandles
Member
Trademark Canceled
As of Today, the trademark has been surrendered. It states "TEAS SECTION 7 SURRENDER RECEIVED." Please see the link below.
http://tsdr.uspto.gov/#caseNumber=85708801&caseType=SERIAL_NO&searchType=statusSearch
As of Today, the trademark has been surrendered. It states "TEAS SECTION 7 SURRENDER RECEIVED." Please see the link below.
http://tsdr.uspto.gov/#caseNumber=85708801&caseType=SERIAL_NO&searchType=statusSearch
jessicascandles
Member
Trademark Canceled
Forgot to add that it is under Prosecution History.
Forgot to add that it is under Prosecution History.
100%Natural
Well-Known Member
No need to worry. It's been officially withdrawn......
Important Message - "Soap Loaf" Trademark Issue
October 1, 2013
Dear Hilary,
Last week it came to our attention that a private handcrafted soap company had successfully trademarked the term "soap loaf".
This word mark was published for opposition by the USPTO (U.S. Patent and Trademark Office) on February 5, 3013. It is registered to a company called Petunia Farms (Sole Proprietorship) and a Ms. JoAnn Netti. Ms. Netti has been enforcing her mark on various sites, such as, eBay and having handcrafted soapmakers and suppliers that use the term "soap loaf" removed for trademark violation.
The term "soap loaf" is a generic term that has been widely used in the handcrafted soap industry for decades and the trademark of this term creates an issue for the HSCG Members selling products using it. Both soapmaker (handcrafter) and supplier members of the HSCG sell products using "soap loaf", either soap or molds so this has far reaching effects.
Last night, the HSCG Board of Directors made a decision to file a "Petition to Cancel Registration" with the TTAB (Trademark Trial Appeal Board) on behalf of the membership and sent notice to Petunia Farms and Ms. Netti.
While we were in the process of compiling data and preparing our filing with the attorney we received notice that Ms. Netti had voluntarily canceled the registration of this trademark. It is no longer necessary for the HSCG to take legal action and those of you that were using the term "soap loaf" to sell can now resume doing so without the fear of repercussions.
We have a copy of the "Surrender of Registration for Cancellation" document and will provide it to any member that requests it. This document will assist you in communicating with sites like eBay that have removed your listings for the trademark violation.
To receive a copy in .pdf format simply email: [email protected]
Thank you.
Leigh O'Donnell
HSCG Executive Director
Connect with us:
Important Message - "Soap Loaf" Trademark Issue
October 1, 2013
Dear Hilary,
Last week it came to our attention that a private handcrafted soap company had successfully trademarked the term "soap loaf".
This word mark was published for opposition by the USPTO (U.S. Patent and Trademark Office) on February 5, 3013. It is registered to a company called Petunia Farms (Sole Proprietorship) and a Ms. JoAnn Netti. Ms. Netti has been enforcing her mark on various sites, such as, eBay and having handcrafted soapmakers and suppliers that use the term "soap loaf" removed for trademark violation.
The term "soap loaf" is a generic term that has been widely used in the handcrafted soap industry for decades and the trademark of this term creates an issue for the HSCG Members selling products using it. Both soapmaker (handcrafter) and supplier members of the HSCG sell products using "soap loaf", either soap or molds so this has far reaching effects.
Last night, the HSCG Board of Directors made a decision to file a "Petition to Cancel Registration" with the TTAB (Trademark Trial Appeal Board) on behalf of the membership and sent notice to Petunia Farms and Ms. Netti.
While we were in the process of compiling data and preparing our filing with the attorney we received notice that Ms. Netti had voluntarily canceled the registration of this trademark. It is no longer necessary for the HSCG to take legal action and those of you that were using the term "soap loaf" to sell can now resume doing so without the fear of repercussions.
We have a copy of the "Surrender of Registration for Cancellation" document and will provide it to any member that requests it. This document will assist you in communicating with sites like eBay that have removed your listings for the trademark violation.
To receive a copy in .pdf format simply email: [email protected]
Thank you.
Leigh O'Donnell
HSCG Executive Director
Connect with us:
