How Can You Patent A Cupcake Boquet??????

Decorating By Michele01 Updated 22 May 2008 , 3:55pm by SugarBakerz

Michele01 Posted 20 Apr 2008 , 1:30am
post #1 of 33

I did a search on cupcake boquets to get some ideas for mother's day, and came across this website: http://www.cleverconfections.com/cupcakes.htm

It says on her site "patent pending" under cupcake boquets. Does this mean the name of her company is cupcake boquets, or is she somehow putting a patent on cupcake boquets? It's got to be the name of her business, otherwise I am going to patent the seashell wedding cake. lol But her website is clever confections, so I don't know?

32 replies
DaisyLisa17 Posted 20 Apr 2008 , 1:51am
post #2 of 33

Wow, its hard to believe she is trying to patent the cupcake bouquet. Before I went to the site I thought mabe she had her own special kind of bouquet, but its just like any other ones I have seen. How can she patent them if they are everywhere? Surely she wasnt the first one to make one... but then there was that line... "Entirely my own creation and design..."

Hmm.... interesting. icon_confused.gif

lanibird Posted 20 Apr 2008 , 2:49am
post #3 of 33

You could ask her. That site belongs to Cambo, a CC member. thumbs_up.gif

rezzygirl Posted 20 Apr 2008 , 2:57am
post #4 of 33

I remember when she first did them, she posted her creation, and instructions, and everyone jumped on the bandwagon! (I'm still scared to try them though icon_lol.gif ). It's such a great idea, I hope she does get some type of credit for it. JMO.

CakesByLJ Posted 20 Apr 2008 , 3:11am
post #5 of 33
Quote:
Originally Posted by Michele01

I did a search on cupcake boquets to get some ideas for mother's day, and came across this website: http://www.cleverconfections.com/cupcakes.htm

It says on her site "patent pending" under cupcake boquets. Does this mean the name of her company is cupcake boquets, or is she somehow putting a patent on cupcake boquets? It's got to be the name of her business, otherwise I am going to patent the seashell wedding cake. lol But her website is clever confections, so I don't know?




I don't see how anyone could patent the concept, the name maybe, like cookie bouquets....
heck, I saw cupcake bouquets demonstrated around 12 years ago, from a decorator from Mexico....... icon_razz.gif

TheButterWench Posted 20 Apr 2008 , 4:05am
post #6 of 33

you can patent the instructions if they are your own, and the name, but I don't think you can patent the idea, unless her construction is totally new and her own.

But, she is a very sharing person and I too hope that she gets some kind of recognition or maybe she is trying to start a franchise like the Cookie Bouquet lady.

She wrote a book on cookie bouquets and now she has the right to ask people not to market their creations as Cookie Bouquets, if you notice even Wilton calls them Cookie Blosoms or something similar.

I too have tried to get mine to work as per her instructions so I just did them the old way that's been working like forever!
lol.

Just hope that clears up a few things.

Michele01 Posted 20 Apr 2008 , 5:11am
post #7 of 33

Thanks guys. I was just curious. It makes sense though, if she is the one who started it. It is very nice of her to help others with the makings of one. icon_smile.gif

tonedna Posted 20 Apr 2008 , 5:46am
post #8 of 33

oh ...god knows who invented them...she cant say it was her...Maybe it is just the name!
Edna

costumeczar Posted 20 Apr 2008 , 11:11pm
post #9 of 33

I've been looking up patent and copyright information today, and you'd have to have the cupcake bouquet classified under a design patent, I think. It also looks like you'd have to prove that you invented the idea for the item, but I don't know how thoroughly they investigate that. It might just be that you can see if anyone else has patented it, and if they haven't, you can say that it's your idea because you got there first. I know that there have been plenty of things that I've done that I thought were tremendously original, only to see that someone else figured out the same thing...

Food also doesn't seem to be included in any of the categories of trademarks/copyrights/patents that I could find. Maybe a specific type of cupcake holder could be patented, but not the cupcakes themselves, or the method of building the bouquet...It just seems like it would be silly to try to patent this particular thing, but maybe it's the holder or something, which would make sense. If it says "patent pending" then you're supposed to have actually applied for a patent already, so something's been submitted, whatever it may be...

TheButterWench Posted 21 Apr 2008 , 8:14am
post #10 of 33
Quote:
Originally Posted by costumeczar

I've been looking up patent and copyright information today, and you'd have to have the cupcake bouquet classified under a design patent, I think. It also looks like you'd have to prove that you invented the idea for the item, but I don't know how thoroughly they investigate that. It might just be that you can see if anyone else has patented it, and if they haven't, you can say that it's your idea because you got there first. I know that there have been plenty of things that I've done that I thought were tremendously original, only to see that someone else figured out the same thing...

Food also doesn't seem to be included in any of the categories of trademarks/copyrights/patents that I could find. Maybe a specific type of cupcake holder could be patented, but not the cupcakes themselves, or the method of building the bouquet...It just seems like it would be silly to try to patent this particular thing, but maybe it's the holder or something, which would make sense. If it says "patent pending" then you're supposed to have actually applied for a patent already, so something's been submitted, whatever it may be...




I kinda agree with you there, but to each his or her own. The sad thing is that we will never know what she is trying to patent until she does.

I know someone that has applied to patent the fondant circles that you put on top of cupcakes as per many English Cake designs!

They are even selling them! I'm like why should I buy them when I can make my own?

and cuter?



lol

titch Posted 21 Apr 2008 , 8:56am
post #11 of 33

if you look at her websitet where it first says patent pending there is a little star next to it, now go further down where she shows the cupcakes in there boxes, it has underneath patent pending. Now if i remember rightly I think it is those boxes that could be patent pending, as I remember coming on here and and showing us here, her box creation, that she made.

I think because the boxes are her own creation, she is making sure that someone else doesnt go and copy the idea and then low behold they start making it big with selling these boxes.

Rach

cambo Posted 21 Apr 2008 , 11:05am
post #12 of 33

Hi guys! Yes, it's my website! I just ran across this post! It's not the "idea" of cupcake bouquets that I'm patenting....Lord knows they've been around for over 20 years! It's a plastic "skeletal" system I'm creating to enable me to mass produce them more efficiently....and the boxes I'm having produced with the help of a NY distributor!

I don't mind the questions!

playingwithsugar Posted 21 Apr 2008 , 11:15am
post #13 of 33

Hey, Cambo!

Are you also going to retail these genius (and I do mean that sincerely) inventions of yours, to the rest of us? Where can I sign up for the mailing list?

Theresa icon_smile.gif

mom42ws Posted 21 Apr 2008 , 11:39am
post #14 of 33

do you plan on shipping them? i have people who want me to ship my bouquets and i haven't yet to figure out how to do that.

i have to say i, too, have been working blitzing the bouquet market in my area icon_lol.gif . i make fantastic bouquets and have had interest from ny, dallas, fl and other places to ship but don't have that ability yet. cambo, you are already ahead of me with packaging. that's the only thing that's holding me back icon_cry.gificon_cry.gif .

ashley

cambo Posted 21 Apr 2008 , 11:51am
post #15 of 33

Ya'll are SO sweet!

I've had so many requests/emails from customers all over the nation who just stumbled across my website, I thought I needed to do something to enable me to ship them! I'm working on it!

You know, I hadn't thought about selling the boxes! I'm going to have to keep that in mind for sure!

mom42ws Posted 21 Apr 2008 , 12:04pm
post #16 of 33

you go girl!

costumeczar Posted 21 Apr 2008 , 2:27pm
post #17 of 33

Yeah, patenting the framework for the structure makes sense...I figured it was something like that, because I don't see how you could patent the actual idea. Good luck on the marketing of it, I'm sure you'll find a good market from CC users alone!

cambo Posted 21 Apr 2008 , 2:40pm
post #18 of 33

Yeah, I've never heard of patenting an "idea"....I would think folks would TM or Copyright in that case. The name Cupcake Bouquet is already TM'd, so I'll need to change the name of them soon!

indydebi Posted 21 Apr 2008 , 2:54pm
post #19 of 33
Quote:
Originally Posted by cambo

Yeah, I've never heard of patenting an "idea"....I would think folks would TM or Copyright in that case. The name Cupcake Bouquet is already TM'd, so I'll need to change the name of them soon!




Along those lines, just a reminder that on the Cookies by Design website, the term "Cookie Bouquet" has the "TM" mark next to it.

mom42ws Posted 21 Apr 2008 , 4:15pm
post #20 of 33

i have trademarked my bouquets, blooming confections.

it takes about a year to get a registered trademark but we've already begun the process.

ashley

indydebi Posted 21 Apr 2008 , 4:24pm
post #21 of 33
Quote:
Originally Posted by mom42ws

i have trademarked my bouquets, blooming confections.

it takes about a year to get a registered trademark but we've already begun the process.

ashley




Did you trademark the item or the name? My understand is you can trademark the name, is that right?

tonedna Posted 21 Apr 2008 , 4:36pm
post #22 of 33

Skeletal system? Now that something to be patented... icon_lol.gif I wanna see them Cambo!

Edna icon_biggrin.gif

mom42ws Posted 21 Apr 2008 , 4:39pm
post #23 of 33

yes, tm is just for the name.

costumeczar Posted 21 Apr 2008 , 4:45pm
post #24 of 33
Quote:
Quote:

mom42ws wrote:
i have trademarked my bouquets, blooming confections.

it takes about a year to get a registered trademark but we've already begun the process.

ashley


Did you trademark the item or the name? My understand is you can trademark the name, is that right?




You can trademark the name, but not the process of making it, that would be under a patent if you're coming up with an actual invention. If the name is trademarked you can prevent anyone from selling something under the same name as long as they're working in an area where you sell your product. Someone could make the same thing, but as long as they're selling it under a different name it's not a problem.

I just read an article in the paper recently about a woman who had invented a type of doll, then the Care Bear company made a similar one. It said that toy patents are really difficult to protect unless you have a team of lawyers, because someone can always change something minor and "invent" their own version of your product. Apparently in the toy industry it's pretty common for companies to patent something, then sell it like crazy until it's imitated, then they just let the patent go and move on to the next thing. It's too hard for them to prevent other companies from making imitations. That explains all the fake Crocs in the stores! (My husband calls them "croc-offs.")

mom42ws Posted 21 Apr 2008 , 4:54pm
post #25 of 33

yes, it gets confusing and that's why you should hire a patent/copyright/tm attorney. it's a bit expensive and takes a long time.

i didn't make it clear; i did not tm the bouquets but the name i call the bouquets (blooming confections) i sell under my llc, simple and sweet, a cake company.

ashley

indydebi Posted 21 Apr 2008 , 4:58pm
post #26 of 33

ashley, appreciate the info......I'm wanting to trademark my cookie arrangements under the name "Banna's Bloomers". I checked internet for info on doing it myself, but many of the websites also recommend having an attorney handle this. Thanks for the affirmation!

mom42ws Posted 21 Apr 2008 , 5:45pm
post #27 of 33

indydebi, you can expect to pay about $1500 and the process takes about a year if they do not run into any problems. a name could potentially be in use or there may ben an unregistered trademark that is in the process of being filed.

BrandisBaked Posted 21 Apr 2008 , 6:07pm
post #28 of 33
Quote:
Originally Posted by indydebi

ashley, appreciate the info......I'm wanting to trademark my cookie arrangements under the name "Banna's Bloomers". I checked internet for info on doing it myself, but many of the websites also recommend having an attorney handle this. Thanks for the affirmation!




Bloomers make me think of underpants... tee hee. icon_wink.gif

indydebi Posted 21 Apr 2008 , 9:56pm
post #29 of 33

Hard to imagine that someone else's grandchild calls her "Banna" instead of "Gramma" and they turned it into a cookie biz! icon_lol.gif

Brandis, that's pretty much EXACTLY why we picked it! "Bloomers" of course referring to the "floral" arangement type of thing, but we KNEW people would think of big underwear.

The name is so stupid people will definitely remember it.

And that, my friends, is the secret of marketing!! thumbs_up.gif

DaisyLisa17 Posted 22 Apr 2008 , 1:38am
post #30 of 33

LOL Debi.... cute name!

Cambo, thanks for jumping in and clearing this up for us! I would love to see a picture of your skeletal system... my curiosity is driving me crazy! You will definitely have a large market here on CC... let us know when you want to sell!!

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