Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

I have an idea new chocolate bar. Do I need a design patent,

Customer Question
I have an idea for...
I have an idea for a new chocolate bar. Do I need a design patent, or just a trademark for this? I'd like to give my idea to Cadbury's and if they like it they can cut a deal with me, or if not, can I manufacture it myself using Cadbury's chocolate or can I be sued for that? I'm terrified to take a step because I don't have money to waste on patent lawyers etc. and I'm also scared of being sued. Just wondering where to start! Thank you!
Submitted: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 1 day by:
9/25/2015
Lawyer: Copperlaw, Lawyer replied 2 years ago
Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2,019
Experience: Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
Verified

Good evening, I would be happy to assist you.

A patent protects a unique or original design or idea and while food items and recipes can be protected by patents, they often won't qualify unless they are truly "unique". A Trademark protects a name or symbol, such as the Nike swoosh or the brand name.

Because it is often difficult to patent a food item or recipe, this is why you'll often hear things like the "cadbury secret" or "the colonel's secret recipe".

If a chocolate bar were produced with a unique design, say for instance the triangular Toblerone bar, the company can patent shape, but again, there must be a level of uniqueness involved and this can be tricky to demonstrate. For instance, look at M&Ms and Smarties. Both are very similar. They are both small, round, coloured, candy-coated pieces of chocolate. Candy coated chocolate isn't unique enough to protect with a patent and as a result, you have similarities.

So as for the recipe, unless you were using ingredients that were unique or rare or made with a special process, you likely won't be able to protect it with a patent. It would simply be a matter of keeping your recipe secret. However since you are talking about using Cadbury's chocolate, it would seem this doesn't apply to you.

You really need to look at your chocolate bar and determine what it is that sets it apart from others as this is what would be looked at for its uniqueness and what you'd be looking to protect. If it's the shape that sets it apart, then the molds used may be patentable. If it's the logo imprinted on the bar, then this would be a trademark issue, as you'd be looking to protect the name and logo on the brand.

As for manufacturing it yourself, there would be nothing improper about using Cadbury's chocolate. Cadbury sells its chocolate in various bar and candy forms and also sells it for baking in other products and as well, sells it in bulk for other purposes. There is no reason that you could not use Cadbury chocolate in your own bar, as long as you are making it distinct from any other Cadbury product in design and name and not holding it out to be a Cadbury product, coming directly from them as this would be misleading.

From the sounds of it, your idea would incorporate an existing recipe for chocolate (ie Cadbury), in a brand new design. If your design or production method is unique enough, or you have an idea for a name or branding that is your own, then you'll want to protect this.

Patents and Trademark registering can be costly, as you clearly recognize. However, it is possible for you to undertake this yourself and register it with the Canadian government to give you some protection and thereby, bargaining power. If you do it yourself, then you're just paying the filing fees to the government and not the large fees charged by patent and trademark lawyers.

You can find more information on the patent and trademark registering process on the following government of Canada site.

https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr01369.html

Please let me know if you require any clarification or have further questions as I would be happy to chat further.

Jim

Ask Your Own Canada Law Question
Lawyer: Copperlaw, Lawyer replied 2 years ago

Hi, I see that you were back in and viewed my response but left no reply. Please let me know if you are satisfied with the information I have provided or if there is any other information I can provide.

Also, please take a moment to leave me a positive rating as this helps in building my reputation here on the site.

Regards

Jim

Ask Your Own Canada Law Question
Ask Copperlaw Your Own Question
Copperlaw
Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2,019
2,019 Satisfied Customers
Experience: Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.

Copperlaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

57,448 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

216 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I am 21 years old and live in New Brunswick, I have a loan
I am 21 years old and live in New Brunswick, I have a loan with easy financial, I'm currently undergoing bankruptcy, it's something I've kept secret from my family and fiancé as truthfully it's embarr… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I live in a condo in Ottawa and have been asking that our
I live in a condo in Ottawa and have been asking that our Board of Directors and chairs of different activities in the building use both official languages when posting non-legal information such as c… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I have a Supreme Court Case Family law case for a separation
I have a Supreme Court Case Family law case for a separation in British Columbia. I need to know how to add things to my application, and file to proceed to trail. We have already had our first case c… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Can I take away the legality to my wife to drive our car. 6
Can I take away the legality to my wife to drive our car … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I was working as operations manager I one company 3 months
Hi I was working as operations manager I one company 3 months before and there was 1 subcontractor working and that company closed they paid him for his but that guy thinks I was owner of company and … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Can an employer revoke a signed full-time contract with an
Can an employer revoke a signed full-time contract with an employee even if the employee does not agree? … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I am to appear before an arbitrator tomorrow morning for a
I am to appear before an arbitrator tomorrow morning for a preliminary hearing. I have Union representation who I feel have a conflict of interest. I am desperate to obtain a continuance so that I may… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
There is a lien against a Strata Unit in my building. It is
There is a lien against a Strata Unit in my building. It is over 2 years old. Strata Council stop that unit owner voting at the AGM. Due to Statue of Limitations we believe the lien is now void...corr… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I'm looking for information about suing someone for giving
Hi, I'm looking for information about suing someone for giving me and STI. … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
CAN POLICE INSTALL A CAMERA ON HYDRO LINES POINTED AT MY
CAN POLICE INSTALL A CAMERA ON HYDRO LINES POINTED AT MY HOUSE LEGALLY WITHOUT MY CONSENT?… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
My boyfriend bought me a house in may of 2015 and now he
My boyfriend bought me a house in may of 2015 and now he wants to sell it cause we are breaking up he never lived here only me my mom my son and my dog he has been taking care of me for 6 years … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Anew open restaurant,I work there for20 days,They did not
Anew open restaurant,I work there for20 days,They did not pay My Wages,What can I do,, They didnot,Takes my phone now, … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Personal injury, do you handle this? Windsor, ontario
personal injury, do you handle this? JA: Can you tell me what state this is in? And do you have copies of the medical records? Customer: windsor, ontario Canada JA: Has anything been filed? If so, wha… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I was wondering about how to address an envelope that is
I was wondering about how to address an envelope that is being sent to a defendant in a small claims court. - Can we address the envelope to the Person (defendant) in C/O a company. The scenario is, t… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I live in Ontario. I have owned my home for 15 years and 10
I live in Ontario. I have owned my home for 15 years and 10 years ago my girlfriend moved in. We lived together but didn't claim as common-law because she was on disability. I had a full time job. We … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
The Stevenson Management is ignoring us for a meeting that
The Stevenson Management is ignoring us for a meeting that rightfully should be this year. I feel after I sent a registered letter, regarding what is happening here. I've come to realize that Stevenso… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I have worked full-time for a company for 8 years. I have
I have worked full-time for a company for 8 years. I have been off on medical leave (shoulder replacement surgery) for one year. Now I have medical clearance to return to full time employment and my e… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
What does "I am not seized mean n an endorsement. Ontario,
what does "I am not seized mean n an endorsement JA: In what state did this occur? Customer: Ontario, canada JA: Have you talked to a lawyer yet? Customer: yes but I am attempting to reconfirm JA: Any… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x