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Selling 'Intellectual Capital'
Posted by Anonymous . updated on 2/26/2009
I have come up with a product concept in name and marketing scope only for a beverage product, spirits specifically, that currently nor historically has ever been used. I am of the opinion that it is a 'whale' so to speak and of significant value if put in the right hands of a company with the economic means of producing the actual product. I am considering obtaining a trademark for this concept.
Here is what I wrestle with. I have the connections to develop this actual product, which would be very time consuming to go through with and require significant investment. That being said, the value and what I feel will make it succesful is in the name, packing and promotion of the product, not the physical substance itself. Where this value is, is 'what' I possess.
Is it possible to establish this name as a trademark and sell the concept to a developer? And if this is possible, what suggestions might you all have in how to go about this aside from the simple, get a lawyer - that I already have.
thank you for your time
Answers (1)
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JSonnab...
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First off, if you already have a lawyer with knowledge in this area, why aren't you discussing this with him rather than with strangers? Maybe you have the wrong lawyer for these issues?
As for the substance of your inquiry, the "concept", if protectable at all, would be subject to patent protection, not trademark. The tests for patentability, even with our dysfunctional patent office, are somewhat stringent. Patent protection is also rather expensive.
The branding of your product, including the packaging, possibly, are subject to trademark protection. The problem here is that you obtain substantive trademark rights through use. You could go to the Trademark Office to "reserve" your mark via an Intent to Use application, but you have to have a bona fide intention to use the mark, which you might not have under your facts.
- Jeff
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