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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Intellectual property question:A UK company found a

Customer Question

Intellectual property question: A UK company found a manufacturer overseas to pack its own designed package. This manufacture already has its own brand, design and creation of the product. The UK company just asked this manufacturer to pack its own packaging, then sell the product in UK. The UK company then registered Intellectual property for this product in UK. Can that manufacturer still able to sell its own products to UK?

We want to buy products from this manufactures. To me they originally design this product overseas with its own product design and packages. We thought we are still able to buy the products from the manufacturer and sell them in the UK.

To our understanding, that UK company registered for its own brand, package. Is this still legal if we sell that manufacturer's products?

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know how long the manufacturer has imported into the UK for prior to trademark?
Customer: replied 1 year ago.

Hi, I am not sure, I will ask the manufacturer and get back to you. What if the manufacture did not export to UK before this company applied for trademark?

If there are 50 products the UK company has asked the manufacturer to package, does this company have to apply for Intellectual property against 50 different products?

If the manufacturer has recently changed one of its own products design and it is not packaged for that UK company, can this new product be imported directly and for sale to UK?

Thanks

kevin

Expert:  Ash replied 1 year ago.
Is it very generic or quite a special design?
Customer: replied 1 year ago.

It is generic design because the manufacturer is selling its products elsewhere in different countries. The company basically just asked the manufacturer to package the same products with the company's own designed package box. But the product itself is the same as the one the manufacture sells else where, Just a package and logo is different.

The manufacturer got back to me that the products were sold in UK already before the company registered his trade mark, but not sure how long. But the manufacture is not sure if their products are still able to sell.

Expert:  Ash replied 1 year ago.
Ok, then if they were sold in the UK beforehand does NOT stop the process now. This is because the China company has already been importing. Imagine if someone did copyright it and the Court said well no you have to stop trade now - it would kill competition. No one would able to be able to sell, for example burgers because of McDonalds!
If they wanted to import AFTER trademark that is a different matter. But they can still import as they have done.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.

Hi Alex

If there are 50 products the UK company has asked the manufacturer to package, and if the UK company wants to apply for Intellectual property, does this company have to apply individually 50 times for Intellectual property applications against those 50 different products?

What if the manufacture changes its own product design, and not letting the UK company to package the manufacture's new design. Can the manufacture sell it new design products?

Thanks

Expert:  Ash replied 1 year ago.
The new design if not breach of copyright in the UK, yes.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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