Manish (BA) 19 February 2012

Setting up a business website

Hi,

I have a homemade skincare ayurvedic (100%)product, which I know can do wonder in comparsions of other cosmetics. I have even given free samples to some of my friend and even they agree to this.

I don't have a company neither I am a researcher in the field on cosmetics, however I came to Know about this product from some published material in the field of ayurveda. I then tried this product and it really worked. I offered it some of my friends, it worked for them as well.

Now, the problem is I want to set up a website to sell this homemade product online so that I can really help the people who need this and obviously make some money as well.

So, kindly tell me what should I do. Can I set up a website to sell this product and make all the claims in the published material?

Also, what should I put in the disclaimer section on webste

In addition to this, do I require some kind of approval or license for all these?

P.S: It's a complete home made ayurvedic product, no commercial activity like heating, boiling or cooling is involved

Please help

Thanks in advance

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2 Replies

Rajesh Hazra (Mediator and Legal Counsel ) 21 February 2012

You need to give the requisite protection to your product by virtue of Patent under the Indian Patent Act and Trade Mark law. Apply for Patent of the product and the mark by which your product is known as Trade Mark immediately.

Regards

Manish (BA) 21 February 2012

Hi Rajesh,

First of all thanks for the reply to my query.

See first of all, this product that I am talking about is from ayurvedic recipes from published material which I came to know from my grandmother so in that case can I go for the patent/trademark?

Secondly, the claims that I am talking about that this product can make on skin, I have tested on myself and on some other people, and obviously results may vary from person to person.

Now if I launch this product the results would vary which depends on loads of other factors namely lifestyle of individual etc etc...

So, basically What I want to ask is Can these claims land me in trouble if some stupid person delibrately try to sabotage my image as well as my product.

So, in that context what should I put in the discliaimer section. How should I go about reducing my legal risk, you know just in case.

Also, like I asked in the previous mail, do I need to need some kind of license to sell this product online or I can just sell it like that.

I would really appreciate if you could help me with this or If you could guide me to some other person.

Really appreciate and thanks again,

Manish Sejwal