General Question

Jonathan_hodgkins's avatar

How do I trademark a product?

Asked by Jonathan_hodgkins (690points) May 12th, 2012

I created something that I would love to sell to specialty stores. What is the process by which I can trademark this product and what is the process by which I can sell this product?

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5 Answers

marinelife's avatar

Here is the government’s website that steps you through the registering of a trademark process.

As to selling your product, you will have to contact the individual stores or the chains buyers and show them the product. They will order if they are interested.

Jeruba's avatar

You don’t trademark a product. You trademark a product name. And first you have to make sure that it isn’t already taken.

If you’ve invented something, you can patent your invention, provided that it’s “new, useful and non-obvious,” according to information at the site linked by @marinelife.

But you don’t need a trademarked name or a unique invention in order to sell something you’ve made. You can make and sell candles, for instance, even though candles aren’t your own invention, and call your business “Jonathan’s Candle Shop” without having to register a trademark. A business license is something else altogether.

lillycoyote's avatar

@marinelife has provided a link to the U.S. government’s site on how to register a trademark but @Jeruba is right. You can’t trademark a product. A trademark is a name, or symbol or logo, e.g. that represents a product; not the product itself. For example Post-It is a registered trademark for 3M’s “sticky notes.” You could manufacture and sell your own line of sticky notes but you can’t call them “Post-Its.” That name, that trademark, belongs to 3M.

Also, as @Jeruba points out, if you have created a product that is new and unique and want to protect it, you would want to get a patent for it and if it is something that is not necessarily new or unique, you don’t need a trademark or a patent in order to protect it and certainly not just to sell it.

AshlynM's avatar

http://www.uspto.gov/inventors/trademarks.jsp

http://www.uspto.gov/

If you want to protect your product, you’ll want to get a patent. If you want to protect the product name, you’ll want to get a trademark. Filing for either of these isn’t cheap.

As for selling them, you’ll have to contact a few of the specialty stores you had in mind and ask them if they’d be interested in selling your product. If so, then ask them to set a date and time to meet with you so you can learn from them what that process would be like.

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