Expert: Penny Ballou - 6/22/2009

Question
Hi, Penny! I have an idea for a sunscreen ad...I have an image(which is my own)
and a slogan. Do I contact a sunscreen company directly or shall I contact an
advertising agency? Shall I patent my idea first?
Thank you in advance!

Answer
I have an idea for a sunscreen ad...I have an image(which is my own)
and a slogan. Do I contact a sunscreen company directly or shall I contact an advertising agency? Shall I patent my idea first?
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Hi Arina,

In regards to patents, from what I'm reading what you have likely does not fall under patents: "In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products."

Take a look under the section "Trademarks" on this page as it is possible some of it may fall under that area:
http://www.uspto.gov/go/pac/doc/general/#ptsc

You should find out what a "Non Disclosure/Non Compete Agreement" with the idea any of those entities you mentioned would sign one first before you discuss your advertising idea with them.

Regards,
Penny Ballou