4 Legal tips to start your tshirt business in India | Smart Ways in 2018
Any business or event or celebration can be more flamboyant with custom printed tshirts. There are only a few things that you need to know about legally doing your tshirt business right.
Here we took the time to address all the possible queries to make your own custom tshirt printing experience at ease with the legal compliance.
We are tshirt manufacturers in Tirupur. We print custom tshirts and ship it to the customer across India & Globe. With our experience, we will give way few crucial points that will help you to get legal aspects having positive and negative impacts.
Let say We as tshirt manufacturer, when you order Printed Tshirts. We will evaluate all the legalities as much as possible & discuss the same with you as customers. You trust us. its a duty of a tshirt manufacturer to put things straight.
Before we start with legal tips. Have this one line in your mind
“Customer is everything. Rest all is just a choice”
Give us a call @ +91–9688895559 to manufacture your tshirts merchandise. We are here to help.
1.Know the basics, It helps:
™ — TM Symbol
The TM symbol is used when an application for the trademark is made with the trademark registry. It is an intellectual property where you can trademark “name, word, phrase, logo, symbol, or a combination of these elements
When you trademark something, It gives direct warning to the infringers & the counter-fitters that the particular element is trademarked and is legally an offence to use it
® — R Symbol
The R symbol denotes that the trademark is registered. Registered logo or elements trademarked enjoys protection from infringement under the Trademark laws.
Statutory Notice: Use of the ® symbol after filing a trademark application or without obtaining trade mark registration is unlawful.
©- C Symbol
The © symbol stands for copyright and is a reserved right notice concerning any work that can be copyrighted like artwork, photography, videography, books, literary works, etc.
In simple words: When you take copyright of your tshirt design when someone intends to use your tshirt designs for custom print tshirts. The person intending to make use of your copyrighted design has to pay a royalty for every single sale he/she makes with that particular tshirt design or share profits in terms of stocks or benefits of some kind.
Using your copyrighted work will become a legal offence if proper permission in not got from you.
For Tshirt business, When you want to protect your tshirt designs. The only way is COPYRIGHTS.
When it comes to brand protection. You have the trademark and the next stage is Registered
Apart from all these, there is only one thing that I would personally insist any tshirt entrepreneur. When you are starting your tshirt business in India or anywhere as a partnership.
Ensure you carve down a clear contract between partners about who owns the trademark of the brand at the end? what is the compensation of the partner(s) giving up the brand for the one?
How would you evaluate the brand value?
It’s Business, No body is a greed less monk here.
As a great line from the movie Founder says it beautifully.
“Dog eat Dog. Rat eat Rat — Its Business”
2.First things First: Beware of COPYRIGHTS ISSUE.
Why would a customer either tshirt supplier or tshirts loving person would buy your tshirts of a new brand. They want it from a big brand to show off that’s the attitude of few young fashion oriented people. They fail to understand that there are tonne of companies provide great quality tshirts than these fancy highly advertised brands
As t shirt manufacturers, we encounter this specific area that enthusiastic newbie to the tshirt business gives lesser importance.
Yes, It cost the same to manufacture any branded tshirts & tshirts manufactured for our customers with their own attractive designs.
This question comes & goes all the time.
As tshirt manufacturers, why can’t you manufacture branded apparels?.
Yes, Manufacturing or selling will land anyone in trouble. Without having proper approval from the Licensee, Selling any counterfeit products is punishable by Indian Law. ” IPC 486
Selling goods marked with a counterfeit property mark
Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or another receptacle in which such goods are contained, shall, unless he proves:
that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and
that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or
that otherwise, he had acted innocently,
be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Classification u/schedule 1 CrPC
Offence: Knowingly selling goods marked with a counterfeit property mark Punishment: 1 Year or Fine or Both Cognizance: Non-Cognizable (Police Officer cannot arrest or investigate until a court order is issued)
Bail: Bailable ”
So, Ensure you don’t sell any such goods and land in trouble unless or until the design falls under Creative Common License (CCL). It directly means that you should not use any copyright or trade mark or Registered property of designs or patterns or any kind of direct images
“You can source inspiration”
from any branded or copyrighted images. even though, these branded companies would object or threaten to sue. You will definitely win the legal battle in the end. Use your brains carefully & creatively without any line for infringement.
3.How to protect your designs of tshirts? Yes it is possible:
As t shirt manufacturers, we process many designs for custom print tshirts. With us, yes we don’t share your designs with any of our clients. Once the screen is done with the job, It would be destroyed then and there leaving no stones un turned. Your design will be protected with us while manufacturing your custom print tshirts.
Let’s say, we manufacture & send it to you. You are intending to sell the tshirts on these market places. You will be uploading a high-resolution image for a more lucrative look to the visitor. What will you do when a design hungry trader steals your design from the marketplace & replicate it.
Or you design get leaked online via some digital breach.
Here is what you can to do to protect your images:
You can copyright your images by filing your artwork with COPYRIGHT OFFICE which will cost you somewhere around Rs 200 to Rs 40,000 for a single artwork or design.
Here is the price chart for the application http://copyright.gov.in/frmFeeDetailsShow.aspx
Getting Copyright is a tedious process. You can find the work flow here http://copyright.gov.in/frmWorkFlow.aspx
You can register yourself here http://copyright.gov.in/UserRegistration/frmLoginPage.aspx
Unless or until you go through these tedious process and get your intellectual property copyrighted, Anyone can use your images with or without your permission. Ensure if you are more concerned about your work. get essential legalities enrolled.
4.What are the elements that you should not use in your Custom tshirts business?
- Fancy characters like Harry Potter, Superman, Tom & Jerry & alike
- Images & portraits or any kind of famous people like politicians, actors & alike
- Branded logos from other companies like Puma, Zara & alike
- Copyrighted Quotes or slogans
Update: To check whether your brand name is trademarked or not.
You got to check with Ministry of Commerce & Industry
For Apparels, Incase if your starting your tshirt brand. This is the first thing that you need to do. Check for the name that you have chosen for your brand conflicts with other brands or don’t
It can be done easy. Click on the link below.
- Enter the Name of your brand in the Wordmark Column
- In the class column. Mention Class 25
- Then search.
- If there is conflict then you need to change your name or get ready to fight the company legally
Hope you have enjoyed the article. Start Smart & be a successful tshirtpreneur
If you want anything about tshirts. I am right here. Call me up +91–9688895559 or email me at email@example.com
Click the link to know How to start your tshirt business online in India
Click the link to know Types of Tshirt printing
T shirt Printing — Tirupur
Originally published at tirupurexportcompany.com on August 15, 2017.