Question

Topic: Copywriting

I Want To Patent My Tea Stall?

Posted by Anonymous on 125 Points
hello everybody,
can you all pleasehelp me patent my tea stalls i
am a tea stall owner in india.i have around 10 tea stalls in india and planning to open 50 more but i cant find any thing like such which can patent my tea stall i sell buscuits,tea,cigrettes and gutkha(leaves powder in india). i want to start a corporate tea stalls.so for that i want my patent to be there please help
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RESPONSES

  • Posted by Jay Hamilton-Roth on Accepted
    A patent is only good if you have the funds and time to defend the patent in a lawsuit. I don't know the specific patent laws in India, so for that, talk to a professional in your area.
  • Posted on Accepted
    patenting a tea stall by itself may not be worthwhile.
    you can patent your tea preparation
    your buiscuits
    and products in the stall
    if it has a special taste.
    otherwise you should have a design of the tea stall which is unique in all places.ie furnishing etc
    color of the stalls should be same etc

    you are really advanced
    because if you dont do it
    reliance or tata's will do it
  • Posted by Peter (henna gaijin) on Accepted
    Not sure if patent is even possible, but I mostly familiar with the rules in the Unites States (not in India).

    In the US, patents cover inventions. If you have a new process for making tea, that would be patentable.

    Trademarks cover logos, designs, slogans, etc. So a design of your tea cart or of the logo could be trademarked.

    Copyright covers written,musical, and artistic materials. So if you have a company song, that could be copyrighted (actually, it is very possible it is automatically copyrighted, without you even doing anything).

    In regards to getting some sort of protection for a intellectual property protection for a retailer, that can be hard. Normally retailers protect their business model through locking in suppliers (example would be to get sole territory for a certain region for a product) or by creating their own branded products (often requiring creating their own products).

    Here is a primer on intellectual property for the US that I wrote a while back:
    https://expandabroad.blogspot.com/2005/12/intellectual-property-primer.html

  • Posted on Accepted
    Sounds like your stalls are already quite successful. You certainly don't want to stop doing what people like about you. I'm not sure what Patent laws are like in India. If I were you, I'd use several visual elements that work together to make my stall stand out. These are of course, based on the identity you've already established with your 50 stalls.

    Color- Use paint or cloth to make your stall structure a certain consistent color. You may also want to buy special containers, cups, etc., that will reinforce your color and logo.

    Logo- do you already have a logo? Develop a logo that resonates with your target audience, and sets you apart from your competition. Be sure it is always used consistently- the same size, shape, color, etc.

    Shape- Think of a unique and culturally popular shape for our stall. Some of these stalls may give you ideas:
    https://images.google.com/images?um=1&hl=en&q=tea+stall+india

    Offerings- Determine what you offer that sets you apart from your competition. Do you use special recipes? Do you offer better seating than your competitors?

    Check with your government to know exactly what elements of your tea stall can be patented. That will help you determine what to put money into.
  • Posted by saul.dobney on Accepted
    Since you have the stalls in the market already you would normally struggle to patent as the idea is already public. Instead you're really looking at trademarks - and probably more than one - logo, shape, slogans, typeface, dispensers, cups, colors all can be protected by trademark. In addition, you will already have a measure of both trademark and copyright protection simply from existing use. You can register the elements as 'registered trademarks' with the patent office for a clear cut protection, but you don't formally need this to be true in order to sue someone for passing off or copyright infringement - it just makes protection easier and reduces later court costs where you have to prove a date of first use and the necessary association of the trademarks to your business.

    As to the idea itself, I don't think that can be protected directly - competitors with the same business service may be able to come in and compete with you using different logos/materials etc. It's then down to your reputation, contractual arrangements with customers and the quality of your service that will enable you to sustain the business.

    In addition, in most markets, the presence of competitors is generally a good thing as effectively increases the amount of communication to potential customers. If you are the leading company, you tend to benefit from the halo effect.

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