NATOLI-LEGAL, LLC
305 Broadway, 7TH Floor, New York, NY 10007
212-537-4436 / Toll-free 866-871-8655
Menu
Natoli Legal, LLC. The home of Lantern Legal Services.
NATOLI-LEGAL, LLC

Can I Sell Another’s Branded Product Under My Own Trademark?


This question comes up a lot and the answer is very likely not. There is a concept in trademark law known as “reverse passing off.” To put it simply, reverse passing off occurs when one seller purchases the goods of another then removes the other company’s branding, replacing it with their own and selling it on the market as if they were the source of the good or in some cases service. It is important to remember what is at the heart of trademark law to begin with, namely, a word, phrase, symbol, etc. that identifies the source of a good or service in commerce. So doing this is really just another form of trademark infringement.

That said, this does not mean that you cannot integrate another’s product into your own. For example, using a brand name ingredient in your formula or as we see a lot these days lending your own creative expression to a common product like a generic denim jacket or plain white t-shirt. So long as this kind of use does not present a false association, sponsorship, endorsement or other affiliation with a given trademark owner, then it is very unlikely anyone could argue that the market is confused by this. In many cases using proper disclaimers or even removing branding may be a good way to stay out of legal trouble.

Whenever in doubt, get some solid legal advice before you jump in and make an investment.

 

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!

Contact us for a free consultation

Trademark Law Videos - Featured Video

Featured Trademark Questions