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[diaphanes]

Some Ben & Jerry's flavors have been invented and named by people outside the company. As thanks, B&J's usually gives them a year of free ice cream, a drop in the bucket for those flavor ideas they make tens of millions profit on.

I have about a dozen great flavor combinations with clever names that I'd like to send to B&J's, but if they'd like to use any, I'd at least want to have the chance to negotiate.  Could I register the names and flavors together? Or would the name fall under Trademark, and the flavor be unprotectable since it's not a specific recipe, but rather a description, such as caramel ice cream, chocolate chips, etc.

Also, could I register them as a group, or have to file a different application for each flavor?

Lastly, what about the simple old "mail it to yourself" route? (You can tell I'm a newbie.)

Thanks for any advice!

[JSonnabend]

Distinctive flavor names (as opposed to generic names, e.g., "vanilla" or merely descriptive names, e.g., "Yummy Cherry") are protectible as trademarks.  To acquire tm rights, however, you first need to be using the name as a mark.  You can go to the PTO and file an intent to use ("ITU") application prior to use, but you must have a bona fide intention to use the mark.  I'm not sure you meet that requirement.

That addresses the flavor names, but not the flavor ideas.  Protecting those is practically impossible, in any real sense.  You could try to have Unilever (the owner of Ben and Jerry's) sign an NDA prior to submitting your ideas, but it's not very likely.

As for "mailing it to yourself", you might as well save the 39 cents it would cost you.  It's a waste of paper and postage, to say the least.

- Jeff

[diaphanes]

Valuable advice, Jeff. Thank you!