Legal Question in Intellectual Property in India
Hi, When we are packing a product as our brand, do we need to show the manufacturer name? Why it is required? in many of the products i have seen, mufacturing by XXXX CO.PVT LTD, and marketing by YYYY CO.PVT.LTD. I am still searching for an answer for this question. I had a query about repacking on last week, i have cleared about that. Thanks team...now please advise me, when we are marketing a product with our own brand name, do we need to keep any agreement with manufacturer. Can we sale the product without showing the manufacturer name? do the "NAME SHAKE" make any issue in the future?
Regards,
Akhil
5 Answers from Attorneys
Even though the material or good is packed or repacked in your brand name, it is absolutely necessary that you should have some agreement with the manufacturer of the good for yiur action failing which you are liable for legal action by the manufacturer against you. If you have such an agreement then you can print the manufacturer's name in the lable showing marketted by you. In case you have no such agreement with the manufacturer, thenw you must quote the source from which you have obtained the good for avoiding any legal issues later.
ramanathan, advocate mob.9994675721 Coimbatore
The answer to your queries are here in below ;-
1) Yes
2) No
3) Yes
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25.02.2013
Dear Akhil,
(Domlur, Bengaluru, Karnataka)
Commodities like rice, wheat, pulses, cereals and other agricultural produce including tea and coffee is a few cases is sold in bulk without any name detail of the producer / manufacturer. It is safe for you to pack these items with your Company name and address under the heading "Marketed by".
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
You need to elucidate, whether the product is manufactured by the manufacture under your license? What is the product? Is it a pharmaceutical product? Edible item? Machinery? Equipment? In each case; i.e. who owns the brand name, right to manufacture etc.; will determine whether you need to put on the name of manufacturer or not.
Information provided by you is not adequate to advise.
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