Do I trademark this? Turning my recipe into a product for sale.?

Question

I have a recipe for an energy supplement drink. Can't seem to get an answer about how to proceed now. Do I "trademark" the "recipe/idea?" Do I "patent" the "recipe/idea?" Do I need a lawyer to be able to protect the "recipe/idea?"

Anyone have any answers about exactly what needs to be done now? I do know that we need a Co-Packer and I am trying to gather a list of those...even that is not terribly easy. They say you cannot find Co-Packers listed anywhere on the internet. They also say you must only use a Co-Packer who makes the same type of product on their lines that you are making, for obvious reasons.

An unrelated lawyer where I work told me today that getting a lawyer would be overkill and ridiculous...he told me that he thinks just protecting the recipe and the name should be good enough, but didn't say how. Would not take the time to give me any additional info. Anyone know?

Thanks so much!

Answer 1

You've got two different issues here -- copyright & trademark. Let's tackle one at a time.

COPYRIGHT:

You can do this at the US Copyright Office – see the last 2 links in the source box. The application is fairly simple & the cost is $45 per application.

Despite what others state, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

WARNING: Be sure to read the information at this link BEFORE you file the application: http://www.copyright.gov/fls/fl122.html -- US Copyright Flyer regarding Recipes

Remember, copyright records are public so if you want something kept secret, it might not be in your best interest to copyright it.

TRADEMARK:

To register a trademark, that's done either through 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 (OR are planning to 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.

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

Answer 2

You can't patent an idea or recipe. You can trademark the "Brand name" of the product.

Find a competent Patent/Trademark lawyer to file the proper forms with the Feds and the State, you will save alot of headaches and heartaches.