(Solved Homework): Please respond to student's post: by. johnson The business I intend on opening is a café. With this type of business…

Please respond to student’s post:

by. johnson

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The business I intend on opening is a café. With this type of business, I could decide to trademark my business’ name and logo. The trademark would protect the name and logo nationwide. The trademark costs begin at $275 but can increase massively when having an expert complete the paperwork. The paperwork can take anywhere between six and twelve months, but trademarks can last a lifetime with proper renewal steps (Akalp, 2015).

Within a café, the trade secrets would be the recipes used to create the products. It is difficult to copyright or patent a recipe unless it is published in a cookbook. However, I could create a product and give it a unique name and trademark it (Stim, 2017). This protects my business from other business creating similar products with similar names and selling them for profit.

References

Akalp, N. (2015, June 08). A Business Name vs. a Trademark: Do You Know the Difference? Retrieved from Entrepreneur: https://www.entrepreneur.com/article/246669#

Stim, R. (2017). Can You Protect A Recipe Under U.S. Law? Retrieved from NOLO: http://www.nolo.com/legal-encyclopedia/can-you-protect-a-recipe.html

Expert Answer

Trademark:

Trademark is when you want to prevent your business name state wise or Federally Trademark is used when you want to protect your business name to being used in any state that is in USA. Trademark is used when you want to expand your business in whole US. If you want to run your business in state only than there is no need to Trademark it as there is rules in state that if you register your LLC name in state no other can copy your LLC or Corporation name in that state but it will be exception in case of Sole proprietorship and partnership is run in name of yours. Trademark application will be rejected if there is name already in use in any state. One needs to file an application for Trademark and submit $275 to initiate registration process for trademark. If there is already a application for trademark in name of yours than your application will be rejected.

Can you protect the recipe?-

If your recipe is not published anywhere than you can protect as trade secret but in order to do that your cook have to keep it secret that is not possible. A recipe book consist of the recipes can be protected with copyright law.

You can protect the way it is being done by patents law. No one can cook using that method by patenting that method and its takes year to patent it meanwhile it can be shared over the country by any means. Also you can save your recipe name by Trademark no one would be able to use that name.

Finally Trade secret law will give you right to protect your recipe as trade secret but you have to keep secret from everyone until someone will scientifically get the idea to prepare it.

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