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Start and protect a business name and ideas


llsuperstar

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I live in Florida and do not know if any of you would be aware of the steps to take for setting up a business like I will describe below.

I am planning on selling to tourist stores first (next week) and eventually getting into the craft shows after christmas (our "in" season). I made the candles already of course and just want to make sure that when I go do my sales pitch to shops/hotels that they will not take my unique idea (which I keep close to my heart right now) or business name.

I have called the county I live in and it cost $50 for an occupational license plus $50 for zoning...then $50 for a fictitious name. Do I have to get my Occ Lic., fict. name and zoning before selling to shops/hotels or can I just get my fictitious name and see how my candle is excepted first to see if I should go further in business with shops. If I go to craft shows do I need an OL?

I suppose I am being cheap...I have just spent alot of $ already on my candle so I want to make sure it is a hit, not a miss before I go spend more $$ and make it a REAL business.

Any advice is greatlly appreciated.

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Welcome to the addiction. :)

In reading your post, the first thing that comes to mind for me is the old saying, "you can't have it both ways". Be a business, or be a hobby.

If you are planning on selling even one candle (even to a friend), you have liabilities as a business. That means that you must take whatever the appropriate steps are to become a business where you are located. Call your county and/or state offices and do the legwork to find out what is required. (Never simply rely on a message board response for legal requirements like these).

In addition, you need to check into liability insurance for your company. You may find wholesale accounts or craftshow operators who will require proof of your insurance before handling your products or allowing you space in their venue. Regardless, it is part of being a responsible business.

As with any enterprise, it takes proper capitalization to get started. Between start up costs and testing, it can take a long time to recover your costs and begin seeing profitability -- if ever. Unfortunately, businesses are never risk free. You need to decide just how dedicated you are to being a business, and then take the appropropriate steps to make it happen before you ever let one candle (sold) out the door.

As for your unique idea? I don't want to burst your bubble, but what you may believe to be unique may well be in the marketplace already. If not, be prepared for someone -- somewhere to either copy it, or come out with it believing it is 'their' unique idea (the position you are in now). Of course, you can spend $$$ and patent processes or trademark names, but it will also take $$$ to enforce those patents and trademarks, should someone infringe on them. Personally? I prefer to concentrate on making the best product I can, and not worry about what my competition may or may not be doing.

I hope you will take this reply in the spirit it is intended. I'm simply writing from truth and experience. Good luck!

EDITED TO ADD: In reading through several threads this morning, I discovered that you just made your first candle a couple weeks ago.

PLEASE do not even think about selling yet! There is no way you could have tested appropriately in that short amount of time. You do yourself a disservice, as well as the rest of us who have done our homework and tested, tested, and tested some more to be sure that we are putting out a properly made product, and one that will perform for our customer as a well made candle should. When a customer or shopkeeper ends up with a poorly made candle, they may never try a handcrafted candle again. Please don't ruin it for the rest of us. Take your time, and perfect your craft. There is more to understanding this craft than melting wax, throwing in a wick, and calling it a candle. In the end.....there are no shortcuts.

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Well, I shall not comment on the fact your so new.....

When your ready, you can register your design, and copyright it. It's big bucks though. I did it with my company name a few years ago, and it now allows me to put the ® after my name. It only cost me a few thousand!!:mad:

Edited to add, you also need insurance.... Make sure you have your testing documents, you will likely have to show them.

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PLEASE do not even think about selling yet! There is no way you could have tested appropriately in that short amount of time. You do yourself a disservice, as well as the rest of us who have done our homework and tested, tested, and tested some more to be sure that we are putting out a properly made product, and one that will perform for our customer as a well made candle should.

Testing: So there is 24 hours in a day...of course we have to sleep here too! I have been testing 1 type of candle for a little bit over a month over, over and over again...Just 1 type of candle only...same jar and ending up with 1 fragrance..testing appropriately in a short amount of time. Over and over...testing temps, wicks, wax and so forth. I've had good times and bad times :grin2: . . . .

Although it is not a virgin mary...but that would be a great idea...jeez they sold a piece of cheese toast on ebay and made some nice change:p ...not very original, I am sure mine is not either...but for my area I haven't seen anything at all like it...and I am sure that I will get some copy cats and I just wanted to see if there was any way to prevent this...if this forum of seasoned veterans have every ran into a similar situation...

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There is also the thing of testing your candles over a few seasons because if you will look

http://www.candletech.com/forums/showthread.php?t=35726

you will see what the changing seasons can do to your candle burn quality. That is just one thread there are many more on this board that is also another reason we hate to see someone selling so quickly they do not have the experience under their belt to know for sure what their candle will do over time.

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PLEASE do not even think about selling yet! There is no way you could have tested appropriately in that short amount of time. You do yourself a disservice, as well as the rest of us who have done our homework and tested, tested, and tested some more to be sure that we are putting out a properly made product, and one that will perform for our customer as a well made candle should.

Testing: So there is 24 hours in a day...of course we have to sleep here too! I have been testing 1 type of candle for a little bit over a month over, over and over again...Just 1 type of candle only...same jar and ending up with 1 fragrance..testing appropriately in a short amount of time. Over and over...testing temps, wicks, wax and so forth. I've had good times and bad times :grin2: . . . .

Although it is not a virgin mary...but that would be a great idea...jeez they sold a piece of cheese toast on ebay and made some nice change:p ...not very original, I am sure mine is not either...but for my area I haven't seen anything at all like it...and I am sure that I will get some copy cats and I just wanted to see if there was any way to prevent this...if this forum of seasoned veterans have every ran into a similar situation...

If you'll go back and read my reply to you, I believe I answered your question about copycats.

As for the rest, I'll stand by what I posted. One month of testing is not long enough to be peddling your candles in the marketplace. Read and research the link someone else was kind enough to post.You asked for advice, and I offered mine. I've been making candles for over 30 years. I believe that qualifies me as a seasoned veteran.

As with others before, you will do whatever you choose in the end, and that is your privilege. But don't ask for advice if you want to arm wrestle the replies of those who may not agree with you. :)

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