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TADAMY

posts: 4

Jun 12, 2008 12:15 PM ET Quote Report Abuse

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I have a consumer product that is ready for production and sale. I would like to get it out to the public but don`t know where to start. I do not have a trademark or patent. Is it safe for me to start selling without these? Please help

TigerTaco

posts: 337

Jun 12, 2008 1:17 PM ET Quote Report Abuse

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How is it ready to sell? It sounds like you have the cart way out in front of the horse.

If you sell right now without a patent (is that what you need?) then you will hurt yourself; and that`s a separate issue than protecting your tradename.

I don`t know what country you`re in or the nature of your product you have ready to sell, but it`s real unusual for someone in the US to be saying they`re ready to produce and sell without having taken care of some basic things ... e.g., SuN is crawling with people who have been thru the patent and protection processes and there`s the "Step-by-Step" Advise tab at the top of this page ... lots of things you can read here and the web.

That being said, and I`m not a lawyer, how do you need help? I/we/SuN can send you endless links and contacts on "how to start" but first you need to tell us what you mean by you`re ready to produce and sell (DO NOT tell what it is; you need to protect your idea/product before you even share that much) ... just saying you need to refine your question and better explain where you are really at in your product development before anyone can help get you going.

TADAMY

posts: 4

Jun 12, 2008 3:21 PM ET Quote Report Abuse

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Thanks for the response Tiger. What I have is a working prototype that is ready for production. I am in the US. My problem is that I have never done anything like this and just need some trustworthy guidance. I`ve had people tell me I don`t need a patent just a trademark. Then others have told me the opposite. I`ve even had people tell me I don`t need either. Some were attornies. So that`s my issue. I emailed certain people that I have read about here on sun and other sites and have yet to get a response. It makes you feel a little uncomfortable about some of these sites. You just don`t know who you`re dealing with.

SalemH

posts: 37

Jun 12, 2008 4:58 PM ET Quote Report Abuse

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Hi TADAMY,

Like the above poster, you need to probably do more research as well as "grunt" work such as contacting manufacturers and distributors. With the working prototypes, you may find some success in attending relevant trade shows.

Realize that inventing is just like [I]running a business[/I]. It takes time, research and due diligence.

Please check out the below resources, and hopefully that gets you going in the right direction.

Thanks!

[B]http://www.designmyidea.com/advice.html
http://www.marketingsource.com/articles/view/3338
http://bart.tcc.virginia.edu/InventionAndDesign/resources/RepoHome.htm[/B]

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-You may indeed fail before you succeed, but don`t make it a habit.

TigerTaco

posts: 337

Jun 12, 2008 5:07 PM ET Quote Report Abuse

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LOL - Hi, I`m Chris Miller and I am the co-owner of Tiger Taco which is a tool we`re selling under a patent pending utility application based around the common, ordinary cardboard box (which are used about 25 Billion times a year in the US). Our market is retail consumer and the professional manufacturer/packaging ... you can see more about it/us on our website.

I say I`m a simple taco maker, but my main company is Execution Services, a "consulting company" I started back in 1990; I have done a lot of different things in my almost 45 years on this planet ... I have been visiting SuN (Startup Nation) for something like a year because of the people who share an afficiction of entrepreneural activity (and not to sell tacos, push some kind of game, or do anything but have fun and feel "normal" with me peeps!~). Me, me, me.

While SuN is not strictly speaking an "Inventors" spot, you can find several excellent sources here about that activity ... you invent and then manufacture or license (in a nut shell). You say you have a prototype and that generally means you have something that does not currently exist and that by association means you have whats called "Intellectual Property" and that means you can and SHOULD PROTECT your ideas (if you don`t and you make it "known" to the world then you are basically giving free license to everyone to use your IP without consideration).

If you are dealing with a physical product I can not imagine anyone telling you that your protection comes from a trademark ... that is for brand names (e.g., Tiger Taco) vs. a patent (see claims 1 to 16, drawings a, b, c, etc.) If we didn`t have the pending patent, I would have trade marked the name Box Taco, but by having the patent (when it`s issued) I`m able to call it whatever we decide because someone can`t "do" what we do ... does that make sense?

Just because you have a prototype does not mean you are protected ... and if you show/tell about it without protection then you`re going down the wrong path if you`re serious about owning your IP (you can at least do an NDA for face to face, but again I`d not do that with someone bigger than you and all that jazz ... a provisional patent is not that expensive; and if that is too much then you have to look at raising money and/or going at this another way; the answer is NOT to not do something to protect yourself ... you can`t put it back into the box).

I am somewhat surprised you have not gotten a response from sending someone an email from here (but it happens and not everybody here is the same or here for the same reasons; and part of why I said to not disclose what you have as there are lurkers who might just be looking for an opportunity and all that jazz ... you learn to be careful until you`re protected). In some cases you might be asking for something free (even if it`s easy) and that`s not their idea of a good time, or they might just be too busy ... I`m ADD so this is my therapy (that`s a joke) and so I`m here at times when I should be making tacos (I actually make the steel ones, somewhat).

SO here is what I`d do if I were you ... go here https://oedci.uspto.gov/OEDCI/ and find an agent (or attorney; more expensive for a reason) and call them and ask if you can have a free initial consultation about the prototype you have made ... they will answer for you if you are in the right place and all that jazz ... have your questions prepared, read what you need to read, and be curteious of their time, and understand that while they can`t rip you off, they may also be like the doctor who figures it`s better to error by over medicating a patent ... meaning if you do need a patent it is money you will be spending and you do need to be keen on how you spend it and where ...

Well enough rambling for now ... in case you don`t know, any and all opinions given by me (and everyone?) are opinions and all that jazz!

TADAMY

posts: 4

Jun 13, 2008 9:21 AM ET Quote Report Abuse

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Well I have to say, I appreciate your advice and help with all this. As far as expenses go, I am in a position where I can take this all on my own. So that`s a good thing. The cost of what it is going to take does`nt bother me and the hard work of research I know is what`s expected. I got on here for some sort of direction and you guy`s have given it to me. I will keep you in mind for future ventures and pass on the good word of the direction you have enlisted. I have been very cautious to disclose any of this project to anyone. That`s probably why I haven`t gotten that far with it yet. I will consult with an attorny and move forward with this. Thanks again for your responses. Good thing`s do happen to those who wait! I`ve waited five years. Thanks agaim guy`s.

GetAGrip

posts: 99

Jun 18, 2008 2:25 PM ET Quote Report Abuse

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I`d say that the most trustworthy help you will get, could come right from this forum. There are many, many people on here that have done just what you are doing now, such as myself or Tiger Taco. Your in the right place, start with looking into a provisional patent!! Thanks...T

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Trent Rousey
President - 3R Products, Inc.

TADAMY

posts: 4

Jun 19, 2008 4:25 PM ET Quote Report Abuse

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Have any of you ever worked with Legalzoom and is that an avenue for me as far as a provisional patent goes.

Thanks

Tad

GetAGrip

posts: 99

Jun 20, 2008 12:08 PM ET Quote Report Abuse

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I ahven`t ever worked with them, I went the traditional way and got a patent attorney...T

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Trent Rousey
President - 3R Products, Inc.

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