Can i patent a product i create with the use of a brand that exists?

Question

I want to create a product that will use fragrances from popular brands such as Armani, Juicy Couture, Desil, etc. My idea is to re-use the fragrance and brand in a new product although I do not know the legalitys of this.

I am assuming using "Armani" and its fragrance for instance in a different form, they would need to sign off on it and get royaltys from sales that I make. I need a patent lawyer, but I just wonder if using a product can be re-patented in different form that these companies have not yet thought about.

I want to create a product that will use fragrances from popular brands such as Armani, Juicy Couture, Desil, etc. My idea is to re-use the fragrance and brand in a new product although I do not know the legalitys of this.

I am assuming using "Armani" and its fragrance for instance in a different form, they would need to sign off on it and get royaltys from sales that I make. I need a patent lawyer, but I just wonder if using a product can be re-patented in different form that these companies have not yet thought about.

Would i be able to patent the "idea" and sell it to them. This way, they cannot produce such a product with their fragrance?

Answer 1

You can't use a product that is patented by another company. You have to own all of the patents if you want to use parts of one for another.

Those companies will nail you to the wall if you try and mess with their patents or trademarks.

Answer 2

"I want to create a product that will use fragrances from popular brands such as Armani, Juicy Couture, Desil, etc. "

No problem...just get the license from them to use it. But why you need a patent lawyer I don't know...you didn't invent anything. There's nothing novel about.

Answer 3

If you take their fragrance and infuse it into a candle, you cannot patent the candle or the fragrance. If you have some unique technique on how the infusion works, you can patent the infusion.

Obviously you cannot use their name, although you can say "smells similar to Armani" on your packaging, as long as you put notice that "armani is a registered trademark of Armani, Incorporated".

Answer 4

You can repatent a product in a different form that the companies have not yet thought about.

You will not be allowed to make your product without their authorisation but they will not be allowed to do your product without your authorisation.

So if they are interested in your product you will be able to ask them royalties. Or you may do your product if they allow you to do so and if you give royalties to them.

I would give you more advices but I need more information.
Would your product work with any perfume?
Is your idea an invention (is it novel and inventive), is it a technical invention?

Answer 5

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Answer 6

You may wish to consult a patent attorney.