Getting a Trademark???

[HeavenScentU]

I am wondering if anyone has trademarked one of their products and if it was worth it? I make a couple different type of candles that I want to get trademarked. I really didn't even consider it until a few people started asking if I had them trademarked and said I better do or someone else will. Sorry I don't want to mention what they are, but they are very unique...

[Twoscentsworth]

The first thing you need to know is that you do not trademark a product. If you have invented a new process or technique in making your candles you can apply for a patent.

If you go to www.uspto.gov you will find all the information you need on the differences and requirements for either.

As for the trademark, I have one and have applied for another...both to cover my trade names. HTH

[stacien]

I don't think its possible to trademark products or fair too. You buy all of your products and supplies from the same suppliers. What are the odds that anyone out of thousands of people happen to come up with the same idea. It would be like saying nobody can make rustic pillars because somebody patened it. Its not worth the effort to patent a candle. There is always someone out there that will come out with something similar or better or someone might have already come up with the idea and there is nothing you would be able to do to stop it. Your better off just improving it giving it a good marketing stategy so that you stand out.

[Vicky_CO]

Another problem with trademarking or doing a patent you have to have the money to enforce it with lawyers other wise there is not much point in having them. The government will not enforce it for you. You have to have a lawyer that is willing to not only write letters for you but be ready to file case in court. That takes money and a lot of it.

Truthfully unless you have come out with some so inventively new you most likely will never get a patent they are very hard to get and even if you get one if someone can actually prove the came up with the concept first then you loose the patent. The same can be said for Trademarks. If you trademark a name or saying and some one can prove they have used it first for the same type of item your trademark is worthless.

[Late Night]

And if you are turned down...you lose all the money you invested in lawyers and application fees. The application fees are non-refundable so you need to make sure whatever you are getting patented/trademarked is available.

[Twoscentsworth]

The best place to get your information is from the uspto site.

Your application for a trademark can be contested ...there is a time period where your application is published in a journal which is when it must be contested..if it is not contested then and you recieve approval then it is too late for someone to decide to contest you and YOU get the trademark.

Also, if someone has the money to contest your application then they have the money to apply for the trademark so it's not likely to be contested.

I can only speak from personal experience and from what I have read on the uspto site.

I do agree about the patent....I don't think you would get one for your candle ideas but again, read the information that is free on the uspto site.