Temporary Landing Page for our FB Post follow up. See Comment form also, below.

We propose a collective action that is based on the belief that there are certain commonplace terms in our field that should be protected for the general use of people striving to make a living in the service of others. This is not an action meant to inhibit creative innovation, nor to restrict the pursuit of ethical business practices, nor to play out any personal vendettas. These actions, rather, seek to protect the collective interest and integrity of the group as a whole from business practices aimed at, and attempting to take away your ability to utilize general commonplace terminology to market yourself in the field as a practitioner.

Specifically, words or combinations like these listed below should be protected for the common good, moving forward, as they are general commonplace words, descriptive of what we all do, or others that follow may do, and they do not describe unique or specific iterations, or creative uses specific to any one practitioner or business. The idea here is nobody should own or restrict commonplace words that we all need to use to make a living. Unique iterations can and should be open to be trademarked, but these should not, and our goal is to challenge people who are currently trying to trademark and restrict others from using them in principle or in practice.

Draft List of Proposed Commonplace Words

Sound Bath
Soundbath
Sound Journey
Soundjourney
Sound Ceremony
Music Ceremony
Sound Meditation
Meditative Music
Ambient Music
Sound Healing
Sound Experience

(Please let us know any other suggestions, edits using the form below) I have only looked up TM status for a couple of the these on the list so far.

The Process

The way the USPTO (United States Patent and Trademark Office works, is anyone can file to TM a word or words by paying about $450 and putting in an Application. It then goes through a several months long process which includes: Meeting Application Criteria, ie) Selecting Class of Word, Goods or Services, A Description; It is published in the USPTO Gazette; It goes Live; It gets assigned an Examiner Attorney who looks for already existing trademarks that could be conflicting, and/or any Letters of Protest on file associated with the Application; Then Approval; then Registration.

The best time to catch any words, like those above, short of clairvoyance, is at the beginning of the process, like when it gets published in the Gazette. So if we are organized and any words come to the ongoing attention of any members of the group, moving forward, they can be evaluated and collective action(s) explored. There are two ways to keep tabs on who is trying to TM commonplace words. One way, is to read the weekly USPTO Gazette. Link to the Gazette is here. All applications for word marks for goods and services are required to be posted in the gazette and notices can be seen, and anyone can read the Gazette. The other way, which anyone can also do, is to go to the USPTO Search and type in any keyword or combination of keywords. Note - you need to do a few searches for each keyword. Singular, Plural, and if two words, combined together as one word, and as separate words. Each search like that may bring up an item that the other missed. Link to the Search is here. Please indicate on the Form below if you are willing to help do TM searches and/or read the Gazette. Both are actually kind of interesting at times to see what people are creating and inventing.

My current understanding is that the cost to challenge trademark registrations varies, depending on what stage a Trademark Application is in, and if it has been Approved, is Live, Pending Examination or Already Registered. The costs of any action may vary, depending on the case and the timing from $50 to $600. This cost is basically a DIY cost. I believe the basic process can be done without the use of added attorney costs. Further Appeals by an Applicant could add to these costs.

We suggest a starting methodology - such as, if each of us here in the group chips in, we can cover the cost and begin with the most immediate Word challenges at hand. It may be that if an expanded effort is necessary, and collectively agreed on, depending on what we find when searching for any of the above or new words as they come up - Methods such as a Go Fund Me, or similar could be explored, to alleviate any burdens on this group.

At minimum, to start, please use the form below to indicate if you are willing (and/or maybe know any other specific friends or colleagues who would have interest) to agree in principle to a small contribution to get this all going… Once set up, contributions will be placed in an account to be utilized for these specific purposes above, and will be responsibly maintained… likely in the form of a no fee checking/debit type account or the like, that does not incur extra costs for operation.

A Few Disclaimers

The fact that someone goes to get a Trademark does not necessarily mean they can practically enforce a Trademark. It takes time and money, sometimes attorneys … but that said, in reality, the fact that they are spending a good amount of money already to try should be indicative of intent to restrict others for the use of commonplace words, and our field should be protected from this to the extent that we can.

These collective actions cannot necessarily protect certain associated or bundled names if used with these terms. For instance, a company name that actually distinguishes a unique purpose, service or goods, to that company, and procures a trademark for such is valid. For instance, you cannot be protected from, nor should interfere with valid word combinations like ‘Lotus Blossom Sound Bath’, as while it may use a commonplace word, it combines with and associates a unique iteration of such words, unique to that company. But, what has started these efforts is the attempted TM on the word(s) Sound Bath or Soundbaths - words we all need to use these days.

So these proposed collective actions aim to protect you, to the extent possible, from someone coming after you as a practitioner, or business, for using terms that are commonplace. And from others in the future who try to trademark commonplace terms with the purpose of obvious intent to restrict the use of necessary terms we all may need to use in our expanding field, by any, and all of us.

Current Proposed Collective Action(s)

Pertaining to the above ongoing list, the following words or combinations are currently in Application stage, and we suggest they be challenged at a total collective cost of $50 fee for - Filing a Letter of Protest to each current Trademark Application that is Live (meaning has met basic criteria) but is Pending and not yet assigned an Examining USPTO Attorney, nor Registered. These Letter(s) of Protest will go into the trademark attorney’s folder (via a form online at a USPTO Account). To file a Letter of Protest one must have an Account and be a Registered TM Holder, which I am. So, I can fill out on my account. These Letter(s) of Protest will be reviewed during the Examination Process by the Trademark Attorneys assigned to each Application. And if all goes well, and we show adequate proof, these attempted TM’s will be rejected. We can file similar Letters of Protest for any other items that are applied for, moving forward.

While there is no guarantee, the filing of such a Letter of Protest will attempt to show, with proper documentation, from all of us - ie) personal or business use statements, flyers, copies of social media posts using these commonplace terms, etc. The older the date(s) of proof the better, or at least clearly prior to the TM Applicants attempt to secure the word(s). This will show proof that the trademarking of any of these terms either conflicts with existing trademarks in use, or conflicts with our collective and general ability to earn a living based on the already and pre-existing and frequent history of use of these terms, as commonplace in our field. And that if they are Trademarked we may potentially lose revenue(s) based on that conflict or restriction.

Specifically Identified, so far

Collective proposed actions to challenge Trademark Applications that have not been Examined yet and are not registered yet.

Sound Bath - Current Application in process, by Dawson Records, filed 12/22/2023, which we propose to file a Letter of Protest for $50

Soundbaths - Current Word TM Application in process, by Crystal Tones, filed 5/20/2024, with their logo, which we propose to file a Letter of Protest for $50

Sacred Sound Healing - Current Application in process, by Kulreet Chaudhary, filed 2/12/2024, which we propose to file a Letter of Protest for $50

The following word uses below are already Registered as Trademarks. This group may wish to explore collective options/actions to get them Cancelled as trademarks.

GONG BATH - Was Approved and Registered 9/9/2008, filed by Richard Rudis, Renewed 10/12/2017 - Cost to Challenge is $600

THE SOUND JOURNEY EXPERIENCE - Was Approved and Registered 3/8/2022, filed by David Anthony Gutierrez, California - Cost to Challenge is $600

Please fill out this form as best as you can, thanks! At the moment completed forms will go to my gmail. It may end up that a shared Google Doc or something is a good way for us to all communicate ideas, as it allows for comments, edits? Perhaps someone has another suggestion. We could make a FB message thread, or a What’s App message thread - but those are not useful in the long term for editing, etc. I’d like to get this started by the end of June. As of my phone conversation with USPTO Trademark Assistance Office, they are right now assigning examiners for applications received during Oct 27th - Nov 10th of 2023. So, we are still timely.