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Trademark

The Ruby Chocolate Trade Secret

Bimal Saraiya · September 15, 2017 ·

Mmmm… chocolate!

Courtesy Barry Callebaut Group

There’s now another type of chocolate! A Swiss chocolate maker has produced a new type of chocolate from the Ruby cocoa bean. The new ruby chocolate, developed by Barry Callebaut (whose chocolate is excellent for making desserts), joins dark, milk, and white as chocolate varieties.

Callebaut has not disclosed how it is produced. It is, therefore, a trade secret.

Intellectual Property Law

Intellectual Property Law is not just patents. It encompasses 4 distinct areas: a) Patents, b) Trademarks, c) Copyrights, and d) Trade Secrets. Trade secrets can be an important tool in maintaining the value of your business.

Trade Secrets

There are some famous trade secrets out there. Probably the most famous is the recipe for Coke. Another trade secret you’ve probably consumed is the Colonel’s Secret Recipe at KFC. Yet another is the recipe for Mrs. Field’s Cookies (despite the email you may have received to the contrary.)

But not all trade secrets involve food. The formula for WD-40 is a trade secret. While you can eat the end product, the mechanism of making Krispy Kreme’s warm donuts that jump into my mouth is a trade secret. And arguably the most valuable trade secret today is Google’s Search Algorithm.

Trade Secret Law

Trade Secret Law is governed by state law. There are specific things you need to do to maintain the ability to enforce your trade secret rights against others. Contact us to learn all about trade secrets and how they can be an invaluable part of your business model.

For more detailed history and stories behind some of the most iconic U.S. chocolate makers (including Hershey’s milk chocolate trade secret), I highly recommend the book “The Emperors of Chocolate” by Joël Glenn Brenner.

College Football

It’s Friday, which means we have a great weekend of College Football ahead of us. This weekend Purdue takes on my dad’s alma mater, University of Missouri. Boiler Up!

 

What is Trademark Prosecution?

Bimal Saraiya · March 17, 2016 ·

When I tell people I practice Trademark Prosecution, they often assume I litigate trademark disputes. That’s not what it means at all. Trademark prosecution, in fact, has nothing to do with litigation. Rather, it is the process of obtaining a trademark.

The legal world is full of words that are used based on a historical context, often involving Latin. This term, trademark prosecution (and it’s big brother, patent prosecution) is no different. If I look up the definition of prosecution online, I will learn that its 2nd definition is “the continuation of a course of action with a view to its completion.” Reading further, I’d learn that it comes from the Latin word prosequi which means “pursue, accompany.”

Now it starts to make a little more sense. Trademark prosecution is pursuing a trademark, and continuing that pursuit with a view to obtaining that trademark. In other words, its the process of obtaining a trademark.

This may not have been a question that’s been keeping you up at night, but hopefully the next time someone mentions trademark prosecution, you can wax eloquently on the history behind the phrase.

To learn more about trademarks and how they can help your business, contact us online or call us at 469-277-3402.

 

Principal Office

Saraiya Pllc
Business, Trademark, & Estate Planning Lawyers
7160 Preston Road, Suite 100
Plano, TX 75024
(469) 277-3400
info@saraiyalaw.com

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