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badLoveLeather

My Work - Their Logo

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Hi Guys,

I just created a new product. Its a Leather Valet Tray thats a shape and process I created myself.

I approached a retailer that has purchased some of my work in the past and he's interested in purchasing some of these but he wants to put his logo smack in the middle where my logo is now.

Basically I've only created one and it has my logo very big in the middle.

While I want to sell a bunch of these I got that wierd gut "spidey sense" feeling when he suggested it.

I feel like it would be a grab of my work.

Any input would be totally appreciated.

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Go with the gut feeling

Fine for their logo but maker's mark needs to be somewhere

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If you feel there is anything unique about the item or the manufacturing process you can apply for a provisional patent, which will cost $300. THis will give you the right to use "Patent Pending" and should let the customer know that you are private labeling a patented product. This should keep him honest yet give him the incentive to market and promote your product.

Ever run into Roger Siminof in Ojai? Makes mandolin stuff.

Cya!

Bob

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Hey Guys! Thanks for the advice.

Bob - Don't know Roger but Ojai is small and you never know when you'll run into someone!

Travis

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Over the years many companies have made products for private labeling by retailers. Abercrombie & Fitch was huge for a century, selling everything under the sun with their trademark on products made by others. Sears Roebuck, Montgomery Ward, Herters, Cabelas, and a dozen others come to mind.

If the order volume were sufficient I might consider it.

Another possibility might be a mark something like "MADE EXCLUSIVELY FOR ABC STORES, by BadLoveLeather".

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Provisional patents are only good for one year and it is my understanding you cnnot continue to use patent pending after that one year expiration date unless you have applied for a non provisional patent.

Here are some facts you need to know about PPAs.

  1. A PPA expires after one year.
  2. You cannot extend a PPA.
  3. You cannot renew a PPA.
  4. A PPA will never become a patent.
  5. You cannot file a PPA for a design .
  6. The USPTO does not examine PPAs .
  7. The USPTO does not conduct a prior art .search on PPAs
  8. The USPTO does review PPAs to make sure they meet minimum filing requirements.
  9. PPAs are not published by the USPTO (unless claimed as priority in a later-issued or published non-provisional application).
  10. You can use the term “patent pending” for the duration of the one-year pendency of a PPA.

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All the above is correct.THey are designed to give you protection while you file for a full patent or find a buyer for the design BUT for $300 they allow you to state patent pending followed by your assigned number. This may or may not be a useful marketing ploy.

Cya!

Bob

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