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[CandyLady]

Hello All ~ I have a Candy Idea that I would like to start making and selling...
Any and All Help would be Greatly Appreciated.

I am a single parent and have very little start up $.

My candy idea is a new twist on candy, kind of a novelty, and could help relieve stress and prevent
bad situations.

I am thinking of having a local candy maker make it, split the profits for one year then renegotiate.

The only thing I don't know what to do about is how should I Protect the idea, recipe, name?
If it takes off and another candy company or person tries to steal the idea(s) then how can I set it up before hand that I am protected?

Any and All Help is appreciated and accepted....And THANK YOU for your time and consideration...
~Drew

[CriterionD]

Patent protection might apply here, if the recipe you are using could be considered 'novel and non-obvious' relative to what already exists.  Of course you could always just seek to keep the recipe secret.  A patent is not generally a cheap route when you are short on cash.

A design patent could apply if your candy has a novel shape or what not.  Design patents (which are not what most people refer to when they use the word 'patent') offer a narrow range of trademark-like protection which can help protect against knock-offs.  They are cheaper than utility patents.

Protecting the name relates to trademark law.  However, the name isn't worth much until you make it worth much, i.e. by marketing and making consumers aware of your product so that they associate it with your product (and hopefully with a good product).

There are various options and hypotheticals, and nothing is a sure thing...

[terrycan]

Dear Candy Lady

Congratulations on your new candy.

Did you know the formula for Coca Cola was never patented?

If it was patented the formula would be public knowledge and anyone could produce it.

Your new process could be a trade secret.

I recommend reading "Profit From Your Idea" by Richard Stim.

This book will help protect, produce, and profit from your idea.

A word to the wise. Asking a lawyer if you need a patent is like asking a barber if you need a haircut.

Massive Success to you

Terry Cantwell

protect-new-idea.com

[adamtaylor]

Congrats on your new candy idea. Wish you all the luck. Of course you need to get a copyright on your candy. But why would you give out your recipe on the candy pack, ingredients have to be mentioned, even if you are using preservatives and colors. You need to talk to an expert attorney who would assist you step by step regarding protecting your idea and how to get a copyright. If I may suggest, youmust consult http://www.dandridgelaw.com/trademarks.htm . After browsing through their site, I found that the company specializes in trademark and Copyright law. Try contacting them with your query. Go through the site and only then make a decision. Let me know if my suggestion did help you.     

[Wiscagent]

You might want to read General Information Concerning Patents on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html .  It generally discusses patents, trademarks, servicemarks, and copyrights.