DD: Potential Pitcher #10: Jack for all Trades

Norma Bradley from the east coast is the next profile for you to vote in.  Do you think her  "Jack For All Trades" should go before the Dragons?

 

Why do you want to be on the Den? I want to bring Jack For All Trades™ to the Dragons’ Den for an opportunity to show Canadians this innovative product  If you’ve ever “homebrewed”, you would know the back-breaking strain of lifting carboys of fluid for the required siphoning process in making wine or beer over multiple times each month.  Homebrewing has become a craft over the decades and many people take great pride in their product.

Why do you want to bring your product to market? Occupational Health & Safety recommend that women lift no more than 35 pounds and men lift no more than 50 pounds.  A full carboy is 65 pounds…we know better than to continually lift it through the homebrewing process, but darn it… its gotta be done!  I think Jack For All Trades™ will encourage inventiveness in all Canadians.  I used JACK this summer to install my air conditioner which is considered a two person job.

How do you describe your product?  Jack For All Trades™ is a simple scissor lift cart on caster wheels that provides easy mobility in the home or commercial environment.  The unique patented design of the lifting wheels ensures that consumers must lower the stand to roll it around.  Homebrewing is just one worthy application for JACK.  It can also be used for handling hazardous chemicals, heavy paper packages around the office and enabling wheelchair bound individuals to move and lift many items around their home (ie: groceries, laundry, etc) without placing weight on their laps, bending, twisting and/or lifting.

How did you come up with the idea? I needed one.  Then I began the process of diagramming on everything from napkins to white boards to my kitchen fridge.  I researched and was surprised to find that there was nothing suitable on the market.  I wanted something light-weight and durable, but not an expensive two ton utility lift that would scratch up my hardwood floors!

In closing what message would you like to send to the Dragons? The time has come to introduce Jack For All Trades™.  There is market demand for the product, and Dragons’ Den will bring the exposure and interest to sell.  I am a successful business entrepreneur and ready for the challenge.  I welcome your experience and guidance.

note: The results of this poll, while helpful, are not binding on the CBC nor the Producers of Dragons' Den

Comments

[Kempton]

Sorry Norma, I don't mean to pick on you but I want to clarify something about your Trademark claim (as this is the second TM claim that I saw in DD). Do you actually have a trademark on the phrase "Jack For All Trades" when you used the "TM" ?

I asked because I couldn't find it in the Canadian trademark database which is updated to 2006-07-25.
http://strategis.ic.gc.ca/app/cipo/trademarks/search/tmSearch.do?language=eng

And was the patent under your name? As I couldn't find any patent under your name either.
http://patents1.ic.gc.ca/srch_adv-e.html

I guess I just want to see serious entrepreneurs start using the claims of "TM" or "patent" much more carefully. Nothing will make potential investors lose confidence faster than a few basic and easily verifiable incorrect claims.

Norma, may be I searched incorrectly, please help me clarify my puzzle.

[Maria]

Trademarks do not need to be registered. Here's a link from Arvic Search Services which is Canadian who offer trademark services and info:

http://www.tmweb.com/trademark_guide.asp

"Registered trademark vs. unregistered trademark - A registered trademark is one that is entered on the Trademark Registry. You are not required to register your trademark. Using a mark for a certain length of time can establish ownership through Common Law but registration is highly recommended."

Here's the link for trademark notices and how to give public notice:

http://www.tmweb.com/useoftm.asp

[Kempton]

Maria,

Thanks a lot for clarifying my confusion about the use of "TM". Your links and some further research of mine may have finally clarified the confusion on the use of "TM" for me. Mind you, I still wasn't able to find the protocol defining how the "TM" can be used in both the Trademark Act or the Regulations.

So I guess the use of the letters "TM" in Canada may be much freer than I thought. Anyway, now onto the protection (or the lack of) an unregistered trade-mark can provide.

Quoting from Canadian Intellectual Property Office (CIPO) info:

"Registration is prima facie evidence of your ownership. In a dispute, the registered owner does not have to prove ownership; the onus is on the challenger. Use of an unregistered trade-mark can lead to a lengthy, expensive legal dispute over who has the right to use it."

" Consider this scenario: For the past five years you've been operating a highly successful ice cream emporium under the word "Northpole" in your home town in Nova Scotia. You've never heard of another Northpole and you have never bothered with trade-mark registration. Meanwhile, an Ontario firm has registered the trade-mark "Northpole" to identify its growing chain of spaghetti diners and home brand tomato sauce. While conducting research for a Maritime expansion plan, the Ontario firm discovers your store and serves you with a lawsuit. Depending on the facts established with the Court, this may result in a court order preventing you from using the word "Northpole." This development couldn't come at a worse time, since you were just planning to expand your own business. The situation could have been avoided if you had solidified your clear rights to the trade-mark through registration."

CIPO source:
http://strategis.ic.gc.ca/sc_mrksv/cipo/tm/tm_gd_basic-e.html#section04

[Norma]

Thanks for responding re: (TM), Maria.

It's difficult to lose votes to "think I've seen it before" when I know its patented and searches validated. I'm not green to this process and this is not my only patent. It's unique! its unique! I appreciate the support and the comments. This is fun.

[Kempton]

So Norma, what is the Canadian or US patent number for this invention?

[Norma]

Kempton: Are you going make me an offer before the Dragons' get a chance? (smile)

[Kempton]

Norma, I wish I had that kind of money to make an offer before the Dragons have a chance. Wouldn't that be fun to beat the Dragons? :) (Big Smile)

Strictly looking at the patent and TM issues, this Armchair Dragon is just trying to apply some of what I know to do some due diligence research as if I were a Dragon. The operative words are, of course, "as if I were a Dragon". It is exciting to think like a Dragon and decide what would I need to know or confirm before I would make an investment. I was simply trying to evaluate the relative strength of the claims of the patent. Of course, I doubt the Dragons will ask about patent numbers on TV. But a full evaluation of the patent will most likely be part of the due diligence process before papers are signed and the deal is closed.

[James]

Hello,
I looked in creating such a device as well and then I came across an even better solution.... using a pump to transfer the wine from one carboy to another.

It is cheaper and requires no lifting because the pump can transfer to a higher elevation.