Clothing labels and trademarks.

Published by: admin 2010-03-20

use of trademarked clothing in home business. remove manufaturer's label and add my own?

Is it then possible to leave all the original manufacturer's labeling intact (with their company name and required info such and content/origin) and then add my own label in a different location (with my company name only)? My company will be modifying (coloring/embellishing)the product. Is this legal as well?

EBSCOhost Connection: CLOTHES RANKS.::
Presents the results of the telephone survey on the personal importance of clothing brand name logos, labels and trademarks.
http://connection.ebscohost.com/content/article/1037219727.html;jsessionid=3D2E6B2865D8DA9DEDB6A8E94FFBA685.ehctc1HOME

Clothing label maker On GlobalSpec::
GlobalSpec offers a variety of clothing label maker related products for engineers. Web are registered trademarks of GlobalSpec, Inc. The Engineering
http://www.globalspec.com/Industrial-Directory/clothing_label_makerHOME

Hi lillyamc, Briefly, you may remove the old label and replace it with your trademark label *if* your new label includes: - Fiber Content - Country of Origin - Your legal company identity (trademark is ok if that is the name under which the company is doing business) Keep records for three years of: - information on the removed label - the company from which you received the product FEDERAL TRADE COMMISSION - FACTS FOR BUSINESSES: Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts: Identification Of Manufacturer, Importer, Or Other Dealer: "In addition to identifying fiber content and country of origin, textile labels must identify either the company name or Registered Identification Number (RN) of the manufacturer, importer, or another firm marketing, distributing, or otherwise handling the product. An RN is a number issued and registered by the FTC and may be issued to any firm in the U.S. that manufactures, imports, markets, distributes, or otherwise handles textile, wool, or fur products. RNs are not issued to businesses outside of the U.S. You may use an RN instead of a name to satisfy the labeling requirement." If you use a company name: "The name must be the full name under which the company is doing business. It cannot be a trademark, trade name, brand, label, or designer name?unless that name is also the name under which the company is doing business." Replacing another company's label with your own: "An importer, distributor, or retailer may want to replace the original label on a textile product with a label showing its company or RN. This is perfectly legal as long as the new label lists the name or RN of the person or company making the change. NOTE: If you remove a label containing required information, the label you substitute also must contain that required information. Otherwise, you?ve violated the Textile Act." SPECIAL CAUTION TO RETAILERS: "Some retailers, such as bridal salons, remove labels with required information from the garments they offer for sale without replacing them. This is illegal under the Textile Act. If a retailer removes any label containing required information, it must substitute another label with its own name or RN and any other required information that appeared on the original label. In addition, anyone substituting a label must keep records, for three years, showing the information on the removed label and the company from which the product was received." http://www.ftc.gov/bcp/conline/pubs/buspubs/thread.htm I hope this helps. Please let me know if you have any questions before closing/rating my answer and I'll be happy to reply. Thank you, hummer Search Strategy: the Federal Trade Commission website

Hi lillyamc, Sure, you can keep the original label on the product and add your own label to the garment for resale (e.g., a tag on a string attached to a button), but first check to see if your trimmings are excluded from the fiber content labeling requirements. Trimmings "Various forms of trim incorporated into clothing and other textiles are excluded from the labeling requirements.16 Trim includes: collars, cuffs, braiding, waist or wrist bands, rick-rack, tape, belting, binding, labels, leg bands, gussets, gores, welts, findings,* and superimposed hosiery garters..." Also excluded from labeling requirements are: * decorative trim applied by embroidery, overlay, applique, or attachment, and * decorative patterns or designs that are an integral part of the fabric. If decorative trim or designs exceed 15 percent of the surface area of the product and are made of a different fiber from the base fabric, the fiber of the decoration must be disclosed on the label as a sectional disclosure (see Sectional disclosure of fiber content for more information). If the decorative trim does not exceed 15 percent but information about its content is referenced somewhere, the fiber of the decoration also must appear on the label." http://www.ftc.gov/bcp/conline/pubs/buspubs/thread.htm#Trimmings If you keep the original label on the garment, check to make sure it complies with the law (don't take it for granted). See the section - Mechanics Of Labeling: http://www.ftc.gov/bcp/conline/pubs/buspubs/thread.htm#Mechanics%20Of%20Labeling Regards, hummer

WIPO Domain Name Decision: D2003-0520::
Complainant has not registered ‘Consitex’ as a trademark. but has consistently been used on Zegna clothing’s labels as a common law trademark and as an
http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0520.htmlHOME

I was thrilled with both the speed and the thoroughness of the response. And my clarification question was answered as well. Great job!

Dear lillyamc, It was nice to return home tonight and find your nice note, rating and tip - thank you. Good luck with your business! Sincerely, hummer