EXERCISE : 1
Himanshi and Raj are co-founders of “Chaat-o-Bar”, an Indian food restaurant, known for
serving 10 different varieties of the special Indian tamarind chutney, which they make every
morning using traditional ingredients of a “secret” family recipe.
After being in business for 15 years and seeing its immense potential and success in their home
country, they felt it was time to expand into foreign jurisdictions as well. They shortlisted the
US, UK and Canada, on the basis of the high percentage of Indian immigrants and foreign
Students.
They also wish to cash in on the prevalent culture of frozen and packed food in those
jurisdictions, for which, they developed a machine, “FroPack”, that lets them freeze and pack
boxes of Ready-to-Cook food in a record time of 50 boxes per minute. They claim that such
technology is not yet available anywhere else in the world.
Moreover, they plan on making a customized label especially for the packed boxes that reminds
the customers of the Indian origin of the food.
While strategizing on a financial plan for the said expansion, they felt it was necessary to factor
in on the different kinds of Intellectual property they should be targeting at registering and
protecting. Hence, they have approached ‘IP & Co’. an online Intellectual Property legal
services provider where you work as a paralegal.
`
EMAIL :
Subject : IP Protection Strategy for "Chaat-o-Bar"
Dear Himanshi and Raj,
I hope this email finds you well.
I wanted to provide an overview of the intellectual property (IP) protection strategy for your
business, "Chaat-o-Bar." Here are the key elements we should focus on:
1. Trademark Protection
1.1. "Chaat-o-Bar" can be registered as a word trademark to protect your brand name.
We will need to file it in various jurisdictions:
1.1.1. United States: We will file under Class 43, which covers restaurant
services, including providing food and beverages for consumption on and
off the premises.
1.1.2. United Kingdom: Similarly, we will file under Class 43, which includes
services for providing food and drink, temporary accommodation,
restaurant, bar, and catering services.
1.1.3. Canada: We'll file under Class 43, which includes services related to the
preparation of food and drink for consumption and temporary
accommodation services.
2. Trade Secret Protection
2.1. Given that "Chaat-o-Bar" is expanding, especially in the UK, it is important to
protect your trade secrets, including your special Indian tamarind chutney recipe.
The recipe and its preparation can be considered a trade secret, and we'll need to
have all relevant employees and business partners sign Non-Disclosure
Agreements (NDAs) to safeguard this information.
2.2. This will help ensure that sensitive business information is protected under the
Law of Confidence.
3. Traditional Knowledge Protection
3.1. The unique recipes used at "Chaat-o-Bar," passed down through generations,
qualify as traditional knowledge. We can explore ways to further protect this
aspect of your business through intellectual property laws that acknowledge
generational heritage and expertise.
4. Patent Application
4.1. While recipes themselves are not patentable, the process or unique features
involved in creating your dishes can be protected by a patent. We will draft a
patent application that accurately describes the inventive process behind the
recipes or preparation techniques used at "Chaat-o-Bar."
5. Copyright & Design Protection
5.1. Although recipes cannot be copyrighted, images of your dishes can be.
High-quality photos showcasing your unique culinary style can be protected,
adding another layer of IP protection.
5.2. The aesthetic aspects of your dishes, such as their appearance, presentation,
ornamentation, lines, contours, colors, shapes, and textures, can also be protected
under design rights. This would ensure that the visual appearance of your
signature dishes, including the chutney, is legally protected.
Cost of
1. Application Fees for Electronic Filing of Trademark in the US:
1.1. TEAS Plus
○ Fee: $250 per class of goods/services
○ Requirements: TEAS Plus has stricter filing requirements, including selecting
your goods/services from a pre-approved list and agreeing to electronic
communication throughout the application process.
1.2. TEAS Standard
○ Fee: $350 per class of goods/services
○ Flexibility: TEAS Standard offers more flexibility in describing goods/services,
but it comes with a higher fee. This option allows applicants to create custom
descriptions for their goods/services.
2. Application Fees for Electronic Filing of Trademark in the UK
Application to register a trade mark (online), £170
Please let me know when we can discuss this further and proceed with the necessary filings and
agreements to ensure your IP is fully protected as you expand your business.
Best regards,
Chandana Surthi
Paralegal
‘IP & Co
Reference of the information :
Trademark classes searches can happen through https://euipo.europa.eu/ec2/
(https://www.lexology.com/panoramic/workareas/trade-secrets : Trade secrets protection in US
https://www.lexology.com/library/detail.aspx?g=71b3d10d-ab40-49ce-b901-5b72c84c28f9
https://www.lexology.com/library/detail.aspx?g=dc5ab2c8-876e-4904-b28e-ef5752a0da9b :
Trade secrets protection in Canada.
EXERCISE 2 :
Please identify all the potential Intellectual Property rights in the below given pictures
and provide a short explanation or reasoning for the protection.
Ans : Design
Trademark
Copyright
Ans :
I wanted to clarify the following:
Word Trademark: Protecting the brand name of the snack.
Trade Secret: Used to safeguard the recipe for making the snack.
Image: Protected under copyright.
Now, looking at the design of the fries, it will fall under design protection
Also,is it patentable? Since recipes can be patented
Traditional knowledge.
Trademark (word , logo)
Copyright : image
Trademark (logo, word)
Design
Copyright : image
Patent: Invention
Design
Copyright : image
Trademark : word mark. Logi mark.
