Patent or Permission to Use

[jake1975]

What is the name of your state? PA

Let's say that a plastics company produces plastic garbage cans. The company sells the plastic garbage cans to a variety of retail stores as a garbage can.

However, I want to use the plastic garbage can for something else. Suppose I want to use the can as a bin to hold golf balls at a golf course or driving range. I want to market and sell the bins as the "Ultimate Ball Holder".

Do I have to get a new patent for the can? Do I need to trademark the bin? Do I need to get permission from the plastics company to use their patent for something else?

Any advice...

 

[HomeGuru]

What is the name of your state? PA

Let's say that a plastics company produces plastic garbage cans. The company sells the plastic garbage cans to a variety of retail stores as a garbage can.

However, I want to use the plastic garbage can for something else. Suppose I want to use the can as a bin to hold golf balls at a golf course or driving range. I want to market and sell the bins as the "Ultimate Ball Holder".

Do I have to get a new patent for the can? Do I need to trademark the bin? Do I need to get permission from the plastics company to use their patent for something else?

Any advice...

**A: rather than go through all that trouble why not do a deal with the company to private label the product for you to sell under your own name.

 

[jake1975]

How would I protect myself from the company going ahead with my idea? Trademark?

 

[HomeGuru]

How would I protect myself from the company going ahead with my idea? Trademark?

**A: ideas can not be trademarked.

 

[jake1975]

I am assuming I can have them sign a nondisclosure agreement???

 

[HomeGuru]

I am assuming I can have them sign a nondisclosure agreement???

**A: for what? The product is their product not yours. You just want to take their product and change the name so that it is used for another purpose.