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Question about securing logo and product names?

Posted on 1/8/23 at 7:11 pm
Posted by WWII Collector
Member since Oct 2018
6993 posts
Posted on 1/8/23 at 7:11 pm
Question...

My example is clearly hypothetical btw..

Lets say that I have a great idea for a hot sauce. My logo image is a fat guy sitting on the toilet and I am going to call my hot Sauce Bubbas Butt burning hot sauce. And all that I have is an idea for the logo/label.

So I am showing artists a drawing of my image to get a logo designed etc...

What can I do to protect this image and logo I am working on so that someone doesn't steal my idea and Market Bubbas butt Burning sauce before I can get it out myself?

Because all I have right now is a name and an idea for a logo and label.

Thanks in advance
This post was edited on 1/8/23 at 7:13 pm
Posted by Im4datigers
Northern Virginia
Member since Oct 2003
4465 posts
Posted on 1/8/23 at 7:33 pm to
Find a patent and trademark attorney.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1868 posts
Posted on 1/8/23 at 9:03 pm to
This isn’t patent related. You’re in need of a trademark.

However, you must show actual use of the trademark before the application can be granted. There are nuances with this. You also need to make sure there isn’t another entity using a similar logo/design in the same field.
Posted by wheelr
Member since Jul 2012
5147 posts
Posted on 1/8/23 at 9:23 pm to
Sketch out the idea. Have one copy for the designer and mail the other copy to yourself, leaving it sealed and postmarked(dated).

If they rip you off you can prove it was your design.
Posted by ithad2bme
Houston transplant from B.R.
Member since Sep 2008
3468 posts
Posted on 1/8/23 at 10:22 pm to
Buy the domain name for it before sending it to anyone.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18768 posts
Posted on 1/9/23 at 12:45 am to
quote:

So I am showing artists a drawing of my image to get a logo designed etc...

What can I do to protect this image and logo I am working on so that someone doesn't steal my idea and Market Bubbas butt Burning sauce before I can get it out myself?


You can ask folks to sign a Confidentiality and Nondisclosure Agreement. They are often used when shopping around ideas for products, TV shows, etc.
Posted by Im4datigers
Northern Virginia
Member since Oct 2003
4465 posts
Posted on 1/9/23 at 6:55 am to
quote:

You can ask folks to sign a Confidentiality and Nondisclosure Agreement. They are often used when shopping around ideas for products, TV shows, etc.


I’d rather have the trademark first. The NDA’s are nothing but a piece of paper. Ask yourself, if someone like Kraft steals your idea, are you going to have the money to wage a legal battle with them? They have more attorneys on staff than the number of attorneys in Baton Rouge and have an endless piggy bank to fight you.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18768 posts
Posted on 1/9/23 at 8:16 am to
quote:

I’d rather have the trademark first.


That would be nice, but he said "all I have right now is a name and an idea for a logo and label." He's shopping for an artist to develop a logo that he would then trademark.

He could trademark just the name (if it qualifies) and do the symbol/design later. Either way, your point remains. Would he lawyer up and sue Kraft if they ripped off his idea, trademarked or not? The mark gives you a leg up, but it would still cost $$$ to fight.

You have to either protect yourself the best you reasonably can and proceed with your product/idea, or sit on it and do nothing because you can't afford the legal fees if someone steals it. Sometimes you have to take a chance.
Posted by barry
Location, Location, Location
Member since Aug 2006
50342 posts
Posted on 1/9/23 at 2:02 pm to
quote:

Question about securing logo and product names?


Getting to the spirit of the question. The name/logo doesn't really have value until it has a product behind it, i wouldn't be worried about anyone "stealing" the name.
Posted by WWII Collector
Member since Oct 2018
6993 posts
Posted on 1/9/23 at 7:06 pm to
Please note... I am replying to everybody... But I wanted to answer this question first because I think that it may solve some issues.

quote:

Getting to the spirit of the question. The name/logo doesn't really have value until it has a product behind it, i wouldn't be worried about anyone "stealing" the name.


Lets say that I am in touch with a Hot Sauce Bottling company already. They will apply my label to one of their bottles of Hot sauce and I can buy and resell cases at a time of their product with my label, AS a NEW product...

I am banking on my logo to be the key seller... The product will be just your regular Hot sauce. Whether I put my label on somebody elses product for re-sell... Or I go to a hot sauce botteling company with my recipe...

In this case I am working on my recipe now, but before I go and work a deal with the bottling company, I want my label to take with me for discussion...

What I am up against right now is that I am dealing with artists and logo companies now and I am emailing my rough sketch for my label, and I am worried that somebody may like my idea and do it before I do.. So I am trying to protect myself and my design and Name here...

Now this is not what doing, But I am using this image for discussion only...



So that is what I have got, and I think that it's great and gonna work... So I am sending to multiple artists to get the drawing better... And I don;t want like I said, somebody to take this idea, think it's great too and sell it to a hot sauce bottling company as their idea...

Right now I am having difficultly with getting an image done... I can;t even get a jpeg image cleaned up in ms paint... and I am willing to pay...

So far I have paid two different people and they arn't even close to my original drawing...

I would just post it here.. But I don;t want my idea stolen, because it is good.

This post was edited on 1/9/23 at 7:14 pm
Posted by MaxDraft
Baton Rouge
Member since Aug 2019
558 posts
Posted on 1/10/23 at 7:04 pm to
Check out Adobe express online. It's free and offers high quality design capabilities. Pretty easy to use, too.
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