How can I legally sell another company’s product with a trademark?
Trademark laws protect expressions, logos, slogans and symbols used by companies to distinguish services and products. When a business registers a trademark with the USPTO, the trademark owner has the right to enforce the trademark nationwide. However, in some situations, a company allows others to use brand assets without permission. So the bigger question is: can you legally sell a company’s branded product?
Learn more about trademark infringement
Almost every business uses a trademark license agreement template. Trademark infringement occurs when another unauthorized company or person has used the trademark.
For example, you thought about making electronic gadgets for consumers. But, you stamped the unique Apple logo to make consumers feel that it is an Apple product. This can lead to trademark infringement and you will face legal complications.
Business owners can register their brand with the federal or state governments. State-level registration is carried out by the Secretary of the State Office. It allows the owner to use the mark statewide.
Owners of federally registered trademarks can find better solutions when someone has infringed the trademark. When they sued for trademark infringement, they have a chance to recover the damages.
The use of the mark is authorized for informational purposes
Informational uses of a company’s mark do not require permission from the owner. The main objectives should be to educate, inform and show opinions.
For example, you don’t need permission to add a Chevrolet logo to an article related to Chevrolet trucks.
Can you sell someone else’s product?
You may have chosen to deal with a patented product. In this case, you can freely market your original product and the modified version.
After buying something from a retail store, you can do anything with it. The manufacturers have no control over this product. But, when you do it as part of your business, there can be several issues.
For example, you may experience warranty issues with the product.
You thought about running the business, not as a professional dealer. In this situation, the guarantees will have no validity. When you sell the goods, your customers will find no guarantees.
Another problem is directly related to the brand. You may have thought of displaying manufacturers’ logos to market their products for resale. But, you must get permission from the manufacturer before doing so. Without permission, you will find yourself embroiled in trademark infringement lawsuits.
The third problem is that of sales tax. When you purchase products at retail and resell them, you must pay 2 types of sales tax. You must make payments to purchase the goods. Your customers will pay you while you sell these products. It is important to have a permit and reseller license to run your business.
You must register with the state tax department to obtain the license. By submitting the tax identification number, you can apply for the license. In case you have avoided sales tax, you will find penalties. Your business entity can never be hidden.
These are complicated accounting and legal issues.
The legality of the sale of the first copy of branded products
This is obviously not a legal activity. the brand can file a complaint for counterfeiting of its products. So when you sell a similar product, it can be easily detected and you will face trademark infringement complications. While the chosen product is brand has a registered trademark, the original owner will take legal action against you. Someone can report to the brand owner that you have made a copy of the products. There are criminal and civil laws to deal with these cases. Thus, it is best to avoid running this type of illegal business.
Is it illegal to relabel products?
There is a process known as reverse brand marketing. It’s a way to remove another company’s logo and replace it with your own logo.
You can also decide to use a trademark for another reason without signing a trademark. You can use the product declaration together with other relevant information.
Resell branded products online
Some of us think of the legal sale of computer hardware through a website. You don’t have to get permission to sell branded products online. The major e-commerce platforms have not taken measures to prevent sellers from selling products online. Thus, you will be safe in this approach.
Although you have the right to list products for sale, some companies control how and what you must sell. The government is also showing its authority to manage trade and tariff rates forcefully. But, the court does not have the power to apply these tactics.
Thus, you can resell legitimately purchased products. However, you must put the brand logo on the product when reselling it. Likewise, you must not let others use your company’s intellectual property. without your permission.
Can you sell a product with a brand name on it?
You must obtain authorization to sell products labeled with a trademark. Trademark rights are always a valuable resource and intellectual property owners do everything to defend it.
Can I repackage and sell a product?
Although you don’t have a manufacturing facility, you can run a business by repackaging and selling the products. You will not find any legal issues when selling the white label product.
You can create your own brand and promote the products. You will have better control of these products. Additionally, you can repossess a legitimately purchased item. There is nothing illegal in this activity. It is the owner’s responsibility to allow you to use their logo to The advertisement and resell items.
Can I resell a personalized product?
You can resell a product in the market after buying it from the manufacturer. You can also recycle the item. However, some OEMs will require you to credit the inventor of the product even though you have personalized it.
You may have several questions about the legality of selling branded products from other companies. Thus, you can hire a lawyer to solve your questions.