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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am importing changing bags, school bags, etc. from China

Customer Question

I am importing changing bags, school bags, etc. from China in the children category. While researching I found that some of the competitors' bag looks quite similar.
e.g.: Skip Hop https://www.skiphop.com/product/duospecialedition.html
China Supplier: http://www.honeybag.cn/product/1732134595-218143481/2014_China_cheap_baby_changing_bag_Wholesale_diaper_bags_Durable_baby_changing_bag.html
The other company's website mentions: © 2014 Skip Hop Inc. The Skip Hop name and associated assets are trade marks of Skip Hop.
I am not sure what are the legal requirements around copyright, trademark that I should be aware of so as to not infringe on any other company's legal right. Also, I am not sure how much should I research as a start up to ensure the product I source does not exist in the market at all. I need detailed advise on the above. Thanks
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
The bags look the same and Skip Hop's bags are possibly made by the same supplier.
However, as long as you do not use the name Skip Hop on your bags, you are free to import them into the UK with your own brand name or trademark, as long as the Chinese supplier has no problem with you reselling them in the UK with your brand name or trademark.
Alternatively, you may import the bags unbranded I.e. Without any branding on them.
Skip Hop can only stop you from selling items with the name Skip Hop on them, unless Skip Hop has design rights in the bags, which is unlikely. For clarification, you may ask your supplier whether they also supply to Skip Hop.
Hope this helps