# Does private label needs patent ?



## jackfruit94112 (Apr 9, 2011)

Hi there,

I am a start up in T-shirt business.
Hopefully someone can help :
1. Can I sell T-shirts with my own graphics printed still using the manufacturer name, such as Alternative Apparel/ Gildan, etc ? I will use my private label later if the business will go. But for now, I will let the manufacturer labels on. Is it legal ?

2. If I have my own label, do I have to make trademark/ patent ? I try to search on the internet but did not get any answer. I mean, it it legal to have my label on ? I will have business license for sure.

Thank you all !


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## splathead (Dec 4, 2005)

1. Yes, you can keep the manufacturers label in if you want to. 

2. What on the label are you concerned about, your logo? You only have to register it once. You don't have to register it each time you use it on a different item.


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## taricp35 (Dec 10, 2008)

Does your private label needs patent? No because patents are for inventions. I think you are meaning trademark or copyright. 
But to answer your questions:
1. As Spathead stated, you can leave the manufacturers label on if you wish, it is perfectly legal to do so. However, if you are trying to make a serious go at it, it will look much better if you have the current label removed, and screen print your information in it's place. Once/If you are successful then you can possibly add an upgraded label.
2. you are not required to register your brand but in the event your brand gets large, then yes you will want to protect it by registering the Trademark. That still won't stop anyone from infringing, it will be up to you to defend against it.


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