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  • #988074
    tazzyb12
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    Hi all

    I am a new member but have been reading Flying Solo for several months now, great website with handy information!!

    I am looking at launching my own business in the next few months, I have been researching for quite some time and am looking to import from overseas. I’ve done a fair bit of reading through the forums but I have a couple of specific questions I am hoping to get help with.

    The product I will be importing will be unbranded, is it OK to put my business name on the product? I won’t be trying to pass the product off as something I have manufactured myself but I do like the idea of branding the product with my business name.

    The product is not counterfeit but in some instances the product may be a similar design of something by a known label however not exactly the same and definitely not branded as a copy of the real thing. Could this cause me any issues?

    Thanks in advance for any advice!

    #1165504
    Anonymous
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    Hi! I can help with some of your questions.

    Whether or not you can brand something you import will depend on what it is, whether the company that sold it to you are the owner of any protected rights, and if so, they granted you the rights to re-brand that product.

    For example, if you import plain brown paper bags and place your brand on them, that is not going to be a problem as it is a generic product. However, if you import a bag that is a registered design belonging to IP (intellectual property) holder, you would need their permission to be a reseller of their product. If the product is similar to a brand that is protected, you could be considered to be selling counterfeit product – it doesn’t have to be an exact copy to be considered counterfeit. The product can be confiscated and you could be taken to court to force you to pay the proceeds of your sales to the TM owner.

    I presume you have thought through what your brand stands for and the values that support it? It’s only worth the effort of branding something if doing so communicates the brand values.

    Good luck, I hope this helps.

    #1165505
    Anonymous
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    Hi tazzyb12,

    Welcome to Flying Solo, and thanks for your feedback on the site :)

    This thread contains some info that might be of interest for your current situation:

    http://www.flyingsolo.com.au/forums/starting-business/30265-copy-right-products-manufacturers.html

    Good luck,
    Jayne

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