Legal Question in Business Law in Texas
Product Protection
I am in possession of the recipes to produce a line of skin care products. This product has not been made yet but I own the rights to it.
I would like to start producing and marketing this product but first I would like to protect my exclusive right of ownership to the product so that it would be illegal for any one else to duplicate this product for any purpose.
How do I go about doing this?
2 Answers from Attorneys
Re: Product Protection
There is nothing unique about your product. It's merely a combination of readily available ingredients - just like the secret BBQ sauce recipe. If you want to protect the product, it's up to you to keep the formula secret. I venture to say that there is more than one way to do that. Good Luck.
Re: Product Protection
A couple of approaches are open to you. First, a patent. This is probably the most expensive way to go ($5000 to $15000 and up), but it also gives the most protection. Within the patent relm, there is also a "provisional" patent which would cost less to start with. Second, trade secret law. You would have to take measures to protect the recipe(s), including having people sign non-disclosure agreements - including outside vendors as well as your own employees. The more care you take to prevent your secret from being discovered, the more legal protection your product is afforded. Trademark is another avenue of protection for the name you give the final product(s), but this will not protect your recipe(s). Copyright doesn't apply. Of course, there's much more to it than what I am able to tell you here, but I hope this is of some help.
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