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What are the risks for Businesses who sell products?

21 March 2023

The first and most important thing for any business who sells products is to ensure both the name of your Business is Trade Marked, and then ensure each of the product lines are protected by registered Trade Marks in each Country you are selling your products into. This will ensure that your competitors cannot start selling products with a similar name without infringing your registered Trade Mark.

The second step is to ensure you have obtained advice with respect to any applicable consumer laws pertaining to your products. This is to ensure, for example, your labelling meets industry standards and the marketing of the products complies with state and federal laws.

Finally you will require well drafted Distribution Agreements. It is important to have an experienced commercial lawyer either prepare or review your agreements with your manufacturer, your suppliers, and retailers or wholesalers. Each agreement can be tailored to achieve whatever specific terms you require. For example, the agreement might offer exclusivity to one retailer based on KPI’s.

IP Partnership Lawyers act for a number of clothing designers, product manufacturers and national distributors.

If you require a commercial lawyer to assist you with the business journey of your product business, call IP Partnership Lawyers today.