Does anyone know if a food flavor can be patented, trademarked or copyrighted? I have an idea for a flavor that combines two already existing foods. It's not just combining/mixing two things and there is the food item. It's more complicated than that. I've already done it at home, but can I patent it?
If so, can you tell me the website for more info? Thanks
2006-07-30 14:45:20 · 3 answers · asked by chalt 1 in Food & Drink ➔ Cooking & Recipes
Without knowing further details, it's hard to say for sure but it sounds like a patent would be most appropriate. Here's what the USPTO says:
"In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent."
Your flavors could fall under "composition of matter" -- "The term 'composition of matter' relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds."
Also, it is possible to copyright recipes -- however, you may want to think twice about doing this if you want this recipe kept secret. Copyright records are public.
As far as the trademark is concerned, you would apply for a trademark for the name and/or logo of your combined flavor. 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.
I posted some links below about all of the above. Hope that helps! I wish you much success & happiness in all your ventures!
2006-07-31 03:10:07 · answer #1 · answered by TM Express™ 7 · 2⤊ 1⤋
The short answer is, yes indeed. You're specifically patenting, trademarking and obtaining a copyright on a recipe. It is done all the time. You'll want to name your flavor and describe, in your applications for all three what the ingredients are and what makes your recipe different from all others.
2006-07-30 17:02:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You dont copyright or trademark ideas. What you need is a patent. Get info at the patent office website.
2016-03-16 09:00:52 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I don't think so. I have seen a lot of shows at food network, and most often they say that the recipe which bring about the flavor in their products are simply trade secrets that are tightly guarded. If they can be patented, maybe they have done so. To be sure, you can start by typing the keyword patent in the search tab. good luck !
2006-07-30 14:54:31 · answer #4 · answered by BOBBY 2 · 0⤊ 0⤋