Know-How Exchange : Strategy

You may be able to copyright the marks, but you'll need to talk to an intellectual property attorney first. To begin with, start here: https://www.nolo.com/legal-encyclopedia/copyright-law. But be aware, such legal protection (if granted) will be valuable if/when someone copies you - but only if you have the funds to protect your claims in court.

When you start, you'll be creating the need. If you succeed, be assured that others will copy you. Perhaps a better avenue might be to approach a cosmetic company and license the idea to them, and let them do the production / legal protection.

Many times, someone with a great idea feels they need to handle all the aspects of that idea from conception through manufacture and sale. But that's not necessarily so.

Instead, consider positioning and selling the idea itself to one of the dominant companies in the cosmetics industry -- someone who you might now see as your biggest competitive threat. These companies have the resources to manufacture and distribute a new idea much more quickly and thoroughly than you might.

Illustrate your idea and document it. Copyright the document. Get an air-tight non-disclosure agreement that you have anyone sign before seeing your idea.

Get a prototype made, if you must, but substitute representative words for the ultimate words. For example, on your prototype syringe, the markings might say "A," "B," and "C" instead of three actual terms. You can explain to a potential licensee that "A" is where "Serum" will go; "B" is where "Color" will go, and "C" is where "Secret Ingredient" will go.

The hard work of taking this direction is identifying the decision-makers at the big cosmetics firms, and getting an appointment to pitch your idea. It might be that you'll need the assistance of an attorney for some part of this. An industry product/patent attorney might be your best entree because they know the target clients personally.

Using this method, selling is all-important, but you are relieved of raising a lot of capital, manufacturing, distribution, marketing, putting a company together, adding legal and accounting structures, hiring and managing staff, etc. Instead, you sell for a license price, which might include royalties depending on the product use, trackability and life expectancy.

One more thought: You said you will use an existing syringe; but I would ask, MUST you do so? If you can amend the concept of a syringe in a unique way -- making it something new and different -- then your new form of syringe and the system that goes with it might indeed be patentable, and if so, you would have a much stronger position from which to negotiate. I am not a patent attorney; I am just suggesting that you don't assume your syringe has to be like all others unless there is a necessity for it to be so. Start creatively rethinking the whole syringe delivery method and see what you come up with. Of course, it would be a good idea to consult a patent attorney before making an investment along these lines.

Good luck to you with your new product!