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Can I Put My Trademark On Someone Else’s Product and Sell It As My Own?


Using someone else’s branded product as an ingredient of your own or integrating it in some way will usually not be a problem, at least not under trademark law. But merely taking another’s branded product, removing that branding and replacing it with your own is a form of trademark infringement known as “Reverse Passing Off.”

In short, you are committing reverse passing off when you present another’s products to the market as your own. To do this legally, you should be getting permission to rebrand another’s product as your own and this is typically done through the use of a “White Label Agreement.” A white label product is a product or service produced by one company (the producer) that other companies (the marketers) rebrand to make it appear as if they had made it.

Most products you buy from Chinese and other overseas makers will come intended to be rebranded by the seller even though they may be affixed with their own rather generic branding, but you should never just assume that to be the case. It is always best to get some kind of confirmation in writing that you are buying the goods intended to be rebranded and that you have the right to remove their trademarks and logos from their products.

Before you jump in and start making an investment, it is always best to get some solid advice.

CONTACT US ANYTIME FOR A FREE PHONE CONSULT!

WHETHER YOUR BUSINESS IS NEW OR EXPANDING, OR YOU ARE LAUNCHING A NEW PRODUCT OR SERVICE, IT IS CRUCIAL THAT THE PROPER DUE DILIGENCE IS DONE BY A TRADEMARK LAW FIRM BEFORE YOU INVEST HARD-EARNED MONEY IN YOUR BRAND!

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