OEM Branding

Callidus · #1 09-05-2012

So, I have decided to go down a different route.

OEM / Branding my own products for re sale in the UK.

I have a few questions -

If my items are branded and its MY brand and customs were to stop roughly £2000 worth of these items coming through customs with tags etc on would they actually be seized? Or would they start asking questions to me?

Anyone ever done anything like this before?

Does it work?

All help is much appreciated

Thanks

Callidus · #2 09-06-2012

Bump?.......

unkown5454 · #3 09-06-2012

Just prove it's your brand if/when the time comes. Pretty simple solution.

GrannyT · #4 09-06-2012

Depends on the product.

If you are blatantly ripping off and just adding your own label - well - what do you think?

I know what you think because that's why you asked

Callidus · #5 09-06-2012

unknown5454 - Thanks for stating the obvious. How can I prove its my brand? There are no legalities to it yet as its not big enough. If it was N I KE or something big, whomever bought the goods would have invoices with their logos etc. I wont for my brand they would be just plain invoices from China & I know customs wouldnt accept that. Would I have to create any legal documents / branded paperwork to prove this?

Ripping off and adding my own? Totally confused....

Im looking at branding products that are currently unbranded and have NO ties to any brand.. nothing to do with ripping off and adding my own.

Thanks

SUVE · #6 09-06-2012

I think GrannyT meant imitating a brand leader in style/design/look etc etc.

GrannyT · #7 09-06-2012

Correct

Callidus · #8 09-06-2012

Oh, sorry I thought you meant ripping the label off and sticking my own on!

No, totally unique designs. Basing it around a niche style, attracting a certain type of customer with a niche outset.

still need some info on legalities when proving I own the brand. I assume I would need to register the brand under my name

GrannyT · #9 09-06-2012

Registering a brand or trade name is fraught and expensive and is only really viable if you are going global. Are people likely to copy your designs? Be realistic and then weigh up the pros and cons and do the maths

Laritha · #10 09-06-2012

You wont have any trouble doing this. If customs DID seize it, then you would easily be able to get it back.

unkown5454 · #11 09-06-2012

Quote:

Originally Posted by hdavey10

I have to create any legal documents / branded paperwork to prove this?

You completely missed my point. If this is YOUR brand, then you have the legal documents to prove it. Not silly invoices from some random foreign manufacturer.

If you still have no clue, then clearly you have done nothing to legally establish and register this brand and anything related to it in your name.

GrannyT · #12 09-06-2012

Have to agree with that unknown

Callidus · #13 09-08-2012

Quote:

Originally Posted by unkown5454

You completely missed my point. If this is YOUR brand, then you have the legal documents to prove it. Not silly invoices from some random foreign manufacturer.

If you still have no clue, then clearly you have done nothing to legally establish and register this brand and anything related to it in your name.

No I havent done anything yet, thats why this post is here.

GrannyT said it is stupidly expensive to register etc. now youre saying it has to be done... which is it?

GreenBean · #14 09-08-2012

Quote:

Originally Posted by hdavey10

No I havent done anything yet, thats why this post is here.

GrannyT said it is stupidly expensive to register etc. now youre saying it has to be done... which is it?

It is actually both.

Ideally to sell your own brand on whatever platform you intend, you need legal paperwork to cover yourself.

Such paperwork covers licences, consents and rights.

It is not simply a matter of picking an item from any supplier, and putting a brand label on said item. That would only be the case if you were the designer of the item.

GreenBean · #15 09-08-2012

Quote:

Originally Posted by hdavey10

So, I have decided to go down a different route.

If my items are branded and its MY brand and customs were to stop roughly £2000 worth of these items coming through customs with tags etc on would they actually be seized? Or would they start asking questions to me?

Anyone ever done anything like this before?

Does it work?

All help is much appreciated

Thanks

You can not bring any items into the UK without the correct paper work that has the correct value of the items for duty to be charged. An importation of goods that appear to have a street value of £2000, minus paper work, will see the consignment held. My expectation would be phone calls and/or letters.
I am basing this on importing manufactured jewellery from Thailand. A typo was made on the consignment note.

unkown5454 · #16 09-08-2012

Quote:

Originally Posted by hdavey10

GrannyT said it is stupidly expensive to register etc. now youre saying it has to be done... which is it?

It is expensive in most countries. Perhaps you are getting yourself into something that is much more than you can handle. People generally seek lawyers and apply for business loans when doing this sort of thing. You don't just wake up one day and decide you are a company with a product.

slapped · #17 09-08-2012

Im NOT sure how it works in the UK,,,But Im fairly sure it is VERY similar to here in the US,,

If im correct, you have 2 Routes both legal,

First Register your Trademark/Logo, then Import your product with the Proper Import Licence (This is Determined by the Catagory of Product that you are importing), and also pay the Proper VAT (Tax)

the other way is to Import without Registering the Trademark. Because there are TENS OF THOUSANDS of products that have Logos/unique designs comming into this country Legally EVERY Day, the ONLY ones that have problems are the ones that are copied,,the chances of your particular unique logo/design getting siezed are VERY small, and if they do going down and showing them a few peices if ID will get them released, But you MUST pay your VAT, you cannot easily explain 2000 "Samples",,after all you could be like me,,,Im in the restaurant Business, I have a High Volume Operation in Manhattan, I just ordered 5000 Mouse Pads with my stores Logo on them to give away durring the holidays, there are a LOT of Small Companies the do the SAME thing, (Pens, Key chains, Magnets, ect, ect,)

Callidus · #18 09-09-2012

The category would be under clothing / accessories etc.

At first I wouldnt want to register the trademark as I would be 'testing the water' with my branded products.

No, all these designs are ones I have requested from a very bland, original base and will be customised into my design with tags and logo I have designed.

So you think if they were to be seized by customs, how would I actually PROVE to them that this is in fact my brand and no one elses, if I had no paperwork of a registered trademark?

I will be looking to import in quantity so its essential I dont stumble across this issue.

GreenBean · #19 09-09-2012

Quote:

Originally Posted by slapped

.....
the other way is to Import without Registering the Trademark. Because there are TENS OF THOUSANDS of products that have Logos/unique designs comming into this country Legally EVERY Day, the ONLY ones that have problems are the ones that are copied,,the chances of your particular unique logo/design getting siezed are VERY small, and if they do going down and showing them a few peices if ID will get them released, But you MUST pay your VAT, you cannot easily explain 2000 "Samples",,after all you could be like me,,,Im in the restaurant Business, I have a High Volume Operation in Manhattan, I just ordered 5000 Mouse Pads with my stores Logo on them to give away durring the holidays, there are a LOT of Small Companies the do the SAME thing, (Pens, Key chains, Magnets, ect, ect,)

slapped speaks to your issue to a degree.

Regardless of registering anything, you will need to present a professional case when dealing with Customs. Everything needs to be in order

There's a lot of groundwork to do & heaps outside of this forum
Have you looked at the HMRC site regarding importation?
HM Revenue & Customs: Home Page

Callidus · #20 09-09-2012

GB - Thanks for the reply.

Yes, have been reading over it the last couple of days. I dont see anything that is relevant to myself, LVBI is not applicable to me as this is to do with low valued items under £135.

Cannot see anything that is in relation to importing a brand product.

When you mention presenting a professional case, you mean I need all my paperwork in order before all of the items are sent over.

GrannyT · #21 09-09-2012

Quote:

Originally Posted by hdavey10

GB - Thanks for the reply.

Yes, have been reading over it the last couple of days. I dont see anything that is relevant to myself, LVBI is not applicable to me as this is to do with low valued items under £135.

Cannot see anything that is in relation to importing a brand product.

When you mention presenting a professional case, you mean I need all my paperwork in order before all of the items are sent over.

Exactly that - research some more and ask questions. Search button, and Google are your friends right now

GreenBean · #22 09-09-2012

Quote:

Originally Posted by hdavey10

GB - Thanks for the reply.

Yes, have been reading over it the last couple of days. I dont see anything that is relevant to myself, LVBI is not applicable to me as this is to do with low valued items under £135.

Cannot see anything that is in relation to importing a brand product.

When you mention presenting a professional case, you mean I need all my paperwork in order before all of the items are sent over.

It outlines how to import goods.

It outlines how to ensure you, as the importer, are conforming to current legislation. Knowing the info there is the basis of forming your future plans when this project gets going.
One of your earlier posts said what do I do should Customs seize £2000 worth of goods.
What do you do? You make the deal in order in the 1st case.
It's complex stuff