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Trademarks

 
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qfanatic01
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Joined: 21 Oct 2009
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PostPosted: Wed Mar 06 13 7:50 pm    Post subject: Trademarks Reply with quote

I have developed some signature sandwiches and was thinking I might want to trademark their names. Would you?
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rubbbq
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PostPosted: Wed Mar 06 13 8:59 pm    Post subject: Reply with quote

seems like a good idea, but intellectual property is tricky. It's not expensive to trademark, but SUPER expensive to go after people if they violate your trademark. It's not like a law, that law enforcement would support. If someone steals your idea, you have to drop minimum 50k to hire a lawyer to go after them in court.

I have been in 2 intellectual property disputes for 2 separate businesses, and in both scenarios - I paid a lawyer $650 to send a cease and desist letter (just a letter they signed on company letterhead - man, I'm in the wrong business Laughing )...after the letter did NOTHING to deter the offenders from continuing to use my brands/marks, I was told I would need to give a retainer of 50k for them to open a lawsuit against the other party.

In both cases, I was told the party with more money would win - and in both cases, that wasn't me.

Trademarks are for big companies. Just trust people like your food, and will support your brand.
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RodinBangkok
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PostPosted: Thu Mar 07 13 3:11 am    Post subject: Reply with quote

Just to reinforce:
Trademarks and patents are only as good as the money you have to defend them. The bigger the company doing the violating the more it will cost you to defend it. As they will simply drag you thru a long process that will take time effort and most importantly money. Having worked on both sides of this for a lot of years I can say one of the things the Corporate guys do when launching a new product is evaluate their patent/trademark exposure with their in house lawyers. If the holder is small they will assume the risk to continue, as they are betting the other guy will not have the resources to continue.
With food its even more difficult, as you cannot go after the guys customers with cease orders. That can be effective if its a patent type issue, where you send the nasty notes to the customers/resellers of the violator. My advise is to keep what you've got secret in the case of ideas, and unless you have an in house law team don't spend excess money on these things, they are pretty useless in the long term. A good example posted above rubbbq.
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daddywoofdawg
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PostPosted: Sat Mar 09 13 3:14 pm    Post subject: Reply with quote

I would think your better off going for a copyright for the name of your sandwiches.you may not be able to sue,but they can't sue you either becuase you have the copyright.
And this is the Internet so you get what you pay for for advice,but I am told you can write a letter to your self something like to whom it my concern on xx day of xx month xxxx year I xxx do hereby claim the name of xxxx as my own. and have it notarized,sent registered letter to your self and do not open it!and it supposed to be a legal doc that way.Can't hurt.But like I said this is free internet advice.
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Bbq Bubba
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PostPosted: Sun Mar 10 13 12:59 am    Post subject: Re: Trademarks Reply with quote

qfanatic01 wrote:
I have developed some signature sandwiches and was thinking I might want to trademark their names. Would you?


Signature in that nobody in the world has ever made them before?
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daddywoofdawg
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PostPosted: Sun Mar 10 13 3:19 am    Post subject: Reply with quote

I think it's more like calling a double cheese burger a whopper or big mac.
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qfanatic01
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Joined: 21 Oct 2009
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PostPosted: Sun Mar 10 13 11:33 pm    Post subject: Reply with quote

For one example, we have our version of a Cuban Sandwich and call it a Q ban. I had a DBA name for a packaging business I was developing a while back. I had the DBA in Minnesota. There was a fella out of Washington that packages retail and started distributing here. I called their number and left a message on their system. They revised their packaging with their other trademark in the Minnesota market. A name can be protected state by state or nationally. In Jared's case, just because they used the business name in New York doesn't necessarily mean they have exclusive right nationally, unless they trademarked it. I have just noticed places like Jimmy John's etc. have trademarked items on their menus.
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rubbbq
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PostPosted: Sun Mar 10 13 11:45 pm    Post subject: Reply with quote

Quote:
I have just noticed places like Jimmy John's etc. have trademarked items on their menus.


Bigger companies do that to make it sound like their sandwiches are totally unique and "un-duplicatable". It's a marketing gimmick. In the instance of Jimmy John's - I am sure they would sue, they are a franchise and have to protect all of their intellectual property - cause that's what they are selling to franchisees. If it's taken for free without consequence, people are less likely to buy a franchise.

That being said, the average Joe or Jane will think it's really "cool" and "official" to see that your sandwiches are trademarked. I can hear it now, the two of them waiting in line "Oh, let's order that sandwich - It's so good it's been legally trademarked"....though they really don't know what that means or how easy it is to do - they will be impressed.

So...I change my opinion - trademark them, and make sure you market the fact that they are trademarked - it will make people think they are extra special.

FB announcement: "Announcing: Our sandwiches are so unique and awesome, the Federal Patent and Trademark Office now recognizes the Q Ban as an official trademarked sandwich, only allowed to be made and sold by Q Fanatic BBQ and Grill in Champlain, MN"....We are now the only restaurant legally allowed to sell this sandwich!

People will be impressed....
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Bbq Bubba
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PostPosted: Fri Mar 15 13 8:21 am    Post subject: Reply with quote

you mean that his is the only restaurant to use that name....

BTW, i've seen others already using Q-ban so its not really that original.

If i walked into a raunt and saw that somebody was trademarking their sammy names i'd think they were a pompus ass.

YMMV
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rubbbq
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PostPosted: Sat Mar 16 13 10:26 pm    Post subject: Reply with quote

Quote:
If i walked into a raunt and saw that somebody was trademarking their sammy names i'd think they were a pompus ass.


Me too! But Johnny Q Public would think he is famous
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