discussions are now in their final stages. Both Angie’s lawyer and patent examiner have agreed to the amendments made. In addition to her PCT and U.S. patent, Angie has also trademarked the YOYO name within the cosmetic industry, trademarked her logo, and trademarked and copyrighted all her characters.
The USPTO is not the only governmental agency with whom Angie needed to interface; she also needed to work with the Federal Drug Administration (FDA) regarding her lip gloss formula. The FDA regulates cosmetics through the Federal Food, Drug, and Cosmetic Act (FDC Act) and the Federal Fair Packaging and Labeling Act (FPLA), which were created to protect the public from health dangers and misleading practices. Because of the FDA’s objectives to protect and inform the public, it created meticulous labeling requirements. While the FDA does not approve lip gloss and its packaging prior to its market release (with the exception of color additives), it does pursue violators. It is up to each individual releasing a product to make sure he/she is within FDA guidelines. This can be a cumbersome task.
Angie soon became aware that the assistance provided by the FDA was minimal. She had to contact the FDA office numerous times and describes the experience as “challenging, yet very educational – kind of a test of one’s perseverance.” As a result of the strict guidelines set forth by the FDA and limited assistance provided by their office, Angie enlisted the help of an independent agency called the Cosmetic, Toiletry and Fragrance Association (CTFA), which was created with the support of the FDA and the Consumer Federation of America (CFA). This organization publishes a book titled The International Cosmetic Ingredient Dictionary and Handbook, which provides a list of proper ingredient terminology needed for labeling purposes, and the CTFA Labeling Manual, which explains FDA labeling requirements in an orderly and complete manner. Angie purchased both of these references. Due to the FDA guidelines and Angie’s desire to bring a quality product to market, she hired a U.S. chemist to develop the YOYO Lip Gloss formula.
After all this effort and expense, Angie still wonders whether the patent, trademarks, and copyrights will be enough to protect her ideas and product? Will the larger companies in the