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I have an Invention ... Now What?
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   Patent/Trademark Recipe Ingredients?
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   Author  Topic: Patent/Trademark Recipe Ingredients?  (Read 4197 times)
shala
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Patent/Trademark Recipe Ingredients?
« on: Jun 2nd, 2007, 8:00am »
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Hi all,  
I have a recipe for a kind of slaw given to me by my grandma that is only used in my family, that I am aware of. I sometimes make it and people always like it and have never heard of it before.  Can I patent the combination of ingredients and then market it to restaurants? Or do I obtain a trademark and not worry about the ingredient combinations? There is nothing on market now in groceries stores or restaurants being served like this that I can find, even though it is a slaw.
I am not sure of the route to take.  
 
I can create a label and sale it, but what about the idea on the ingredient combinations. Most people would never think to use these ingredients and call it a slaw of any kind.
 
Oh, I spoke to my grandma and she is fine with it. She hopes I can buy her a new house if it works out. Roll Eyes
 
 
I would appreciate guidance.
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CriterionD
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Re: Patent/Trademark Recipe Ingredients?
« Reply #1 on: Jun 4th, 2007, 3:15pm »
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Recipes can generally be patented, there are several threads here somewhere on the same subject.  I believe this recipe could possibly be patentable by the inventor (i.e. your grandma) if it has been kept secret enough, but I'm not inclined to say its probably patentable.  And whether or not you should patent it is a separate issue.  Even if you were to patent it, the recipe becomes public knowledge, and the patent may be hard to enforce in various applications.
 
Obtaining trademark issues is an unrelated issue.  You can obtain trademark rights by using a name/phrase/logo/etc in commerce as a trademark, and can obtain enhanced rights by registering a trademark with the USPTO.  Trademarks protect branding.  You can patent a product and brand it well, you can fail to patent a product and still brand it well.
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JSonnabend
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Re: Patent/Trademark Recipe Ingredients?
« Reply #2 on: Jun 4th, 2007, 4:38pm »
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Mark the calendar -- I agree completely with everything CriterionD said. Wink
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
shala
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Re: Patent/Trademark Recipe Ingredients?
« Reply #3 on: Jun 6th, 2007, 11:07pm »
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Thanks! Grin
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