Trademarking and producing a new candy product?

Question

I have an idea for a new candy but don't know how to get started on it. It would be something that I would work with a candy manufacturer to produce. Any advice to point me in a direct to get started would be fantastic!

Thanks!

Answer 1

There are a few issues at play here; let's tackle them one at a time.

RE: Copyrights

Depending on your plans/intentions, you may be able to apply for a copyright on your recipe. However, please be aware that copyrights are in public records, therefore, if you want this recipe to be a "secret," you probably don't want to copyright it. Read more about copyrighting recipes here: http://www.copyright.gov/fls/fl122.html

RE: Trademarks

To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

RE: Bringing a Product to Market/Product Launch

Here are some book titles that are relevant:

* Bringing Your Product to Market: Fast-Track Approaches to Cashing in on Your Great Idea, 2nd Edition by Don Debelak
* Entrepreneur Magazine: Bringing Your Product to Market by Don Debelak
* Product Idea to Product Success: A Complete Step-by-Step Guide to Making Money from Your Idea by Matthew Yubas

Hope that helps! I wish you much success & happiness in all your ventures!