Copyright? Trademark?

M

matthew323

How essential are they?

When it comes to the recipes, packaging, and marketing it can be pretty straight forward but the legal side has got me like a deer in the headlights. I have been working closely with a small company and have gotten my flavoring to where I want them aswell as the packaging/labeling service, and nutritional info. However, the name and logo protection has stopped me dead in my tracks.

Without that can I sell? Are they necessary other than protection? What are the steps to take?If I begin the process of registering the name/logo can I begin selling or must I wait until the process is over? I feel like this is the last thing I need before I can begin getting my product out there and it is quite frustrating.

Any help is appreciated
 
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Copyright means no one has the right to copy your work, registered or not, that's all it means. Registering a copyright, however, is not for hot sauces. It is for literary and artistic works.

Trademark is a mark you trade under, and once legally registered, you use the ®. If you do not register it, us the [sup]TM[/sup]. For brand protection, it is something you may want to look into, but get your business off the ground first.
 
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Registering your own trademark isn't necessary. It gives you another level of protection from someone else stealing your name and logos, but only if you also have the money to sue someone for infringing. What you should have done before starting is the trademark search to make sure nobody else is using the name and logo you choose so you don't end up on the wrong side of a lawsuit. I'm pretty sure this is something fairly standard that even a general practice attorney can handle. Technically, you can do it yourself, but having an attorney do it means they are on the hook if they miss something and you get sued instead of you being held responsible.
 
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Mild Fire said:
Registering your own trademark isn't necessary. It gives you another level of protection from someone else stealing your name and logos, but only if you also have the money to sue someone for infringing. What you should have done before starting is the trademark search to make sure nobody else is using the name and logo you choose so you don't end up on the wrong side of a lawsuit. I'm pretty sure this is something fairly standard that even a general practice attorney can handle. Technically, you can do it yourself, but having an attorney do it means they are on the hook if they miss something and you get sued instead of you being held responsible.
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Luckily the name I plan on using as well as the logo are not in use. I have read that registering the name and logo can be done online for about $300. If I take this route can I begin selling/growing while the paperwork is in process?
 
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matthew323 said:
Luckily the name I plan on using as well as the logo are not in use. I have read that registering the name and logo can be done online for about $300. If I take this route can I begin selling/growing while the paperwork is in process?
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I went through that process recently.

If you know this for a fact, you're golden.

I recently went through this and spent about $2000 on the process. I needed an IP attorney as there are a million & 6 "lucky dog" things out there - hot dogs, dog grooming, dog toys, etc, etc. $800 of it was for a Thompson international trademark search.

But if your name is truly unique and you're certain of it, you can indeed do it yourself online. You apply and it goes through a waiting period where people have ~6 mo's to contest it. After that period, you will be required to send in evidence of the "mark in use". This means you need to submit samples of receipts for transactions across state lines and will also be required to send in a photo of the mark in use.

If it's contested, you wait for the USPTO to make a ruling on your mark. It's tricky as if your name could be reasonably interpreted as infringement, they'll deny it and you start over, including the $300.
Do that a few times and it might be worth it for the attorney.

Also, you can be held liable by the contesting company for infringement, but that's another issue.

Then after all's said & done, you get notified and see it listed online. Some time after that they send you a certificate, suitable for framing. heh

good luck, and if you have any questions, feel free to send a PM.
:cheers:
 
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