QUESTION

I make homemade cleaning products and want to sell them. Can I make those products using bought ingredients/products?

Asked on Apr 28th, 2012 on Patents - Nebraska
More details to this question:
I've seen lots of answers on this subject but I need specifics. For example: I make homemade laundry soap using borax, washing soda and bar soap flakes. Do I need to get permission for use from the three companies I buy these ingredients from?
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1 ANSWER

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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As long as you are not using the manufacturer's name or trademark as part of your advertising or marketing, you should be able to use basic, generic products in your laundry soap without concern. If you are making a large volume of laundry soap and other products, you will most likely be buying in bulk from either the manufacturer or a wholesaler with the understanding by all parties that the materials will be combined and sold as a new product. However, if you are using a well-known product as the basis of your soap and merely adding coloring, scents, etc., you may be violating the manufacturer or owner's intellectual property rights to control the distribution of its product, whether you refer to the product by name or not. Other legal concerns: your recipe cannot duplicate one that is currently patented, copyrighted, or otherwise protected manufactured products intended for human use may be regulated by various federal and state government agencies such as the FDA
Answered on May 17th, 2012 at 2:59 AM

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