I want to sell my own brand of gum. Do I need to copyright the design of the container, & trademark the name?

Question

What IS and ISN'T absolutely necessary to keep someone from infringing on my design and my "potential product's" name? What is the cheapest way to get the proper documentation done? I'm trying to do this as cheaply as possible for obvious reasons (i.e. my funds are really limited). Any knowledgable assistance is welcome. Thank you!

Answer 1

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

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.

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.

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