First Steps
- Identify the owner of the trademarked merchandise you want to sell.
- Identify the demographics that will pay you money for the licensed merchandise.
- Obtain permission from the owner of the trademark to sell the goods.
In this post
Can you sell merch without a license?
Short Answer. No, you may not do this legally without permission in the form of a license from the owners of this intellectual property.
What does licensed merchandise mean?
Licensed Merchandise means any goods or services bearing the Institution Trademarks or otherwise designated as licensed by the Institution’s Office of Trademark Management and Licensing.
What is a merchandise license agreement?
A merchandise license agreement describes the terms through which the owner of intellectual property, notably in the form of a trademark, service mark or copyright, grants a party, called the licensee, the right to use the property for distribution, marketing, and sale.
What kinds of products can be licensed?
5 Kinds of Products that ALWAYS Need Licensed Artwork
- Clothing and fashion. This is probably the most common medium for artists and a very useful one.
- Surfboards and boogie boards. Think outside the box with this popular medium.
- Footwear.
- Greeting cards.
Is it legal to sell fan made merch?
Technically speaking, there’s nothing illegal in the US about making and selling fan art because copyright isn’t enforced criminally. Rather, copyright owners enforce their rights by suing infringers in federal civil court. If they win, they could get money from you.
Can you legally sell merchandise?
Generally, it’s not illegal to resell an item that you have legitimately purchased. Once you have purchased something at retail it is yours to do with as you choose. Manufacturers tend to have little or no control over a product past the first customer they sell to.
How much does it cost to license a product?
Although rates ranging from 3% to 8% of net sales are common, each licensing agreement is unique and the only consensus that matters with respect to royalty rates is the one that occurs between the licensor and the licensee as a result of negotiations.
How do you get licensing rights for t shirts?
To get permission, write a letter to the original owner of that logo. Include a specification of why you are asking and how the logo will be used whether commercially or non-commercially. Get the authorization in writing.
How do you license a brand?
How to license your brand
- Protect your intellectual property. Protecting your intellectual property (IP) is one of the most important factors behind licensing your brand.
- Do your research. Licensing your brand isn’t a one-and-done process.
- Set terms and restrictions.
What is fashion licensing?
Simply expressed, a license gives the licensee access to the property without transferring ownership. Licensing allows fashion brands to grow, complement and reinforce their brands, expand into new areas, and improve their image.
How do I get permission from companies to sell their products?
Contact companies with whom you want to do business with and negotiate to buy a supply of their products so you can resell — having everything you need in place administratively and legally to be a reseller in your area.
Should I license my product?
Licensing or assigning rights to your invention is likely to be a simpler, less expensive route than manufacturing and selling it. Licensing or assigning your invention is often preferable for inventors who want to make money, but care primarily about innovating and spending time in the office or lab.
How does a product license work?
Product licensing involves two parties: a licensor and a licensee. The licensor owns the rights to certain intellectual property (IP) while the licensee manufactures products using the IP granted by the licensor via a license agreement.
Is selling fan art on Etsy illegal?
As a general rule, fan art is illegal to sell on Etsy or anywhere else if the seller doesn’t have the proper legal permission from the copyright and trademark.
Can I draw Disney characters and sell them?
No you cannot paint, offer for sale, sell, or otherwise tinker with a Disney character, at least it is illegal without an express license from the Walt Disney company.
Can I draw Marvel characters and sell them?
The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal. Confused?
Can you get sued for making merch?
As a designer and seller of fandom merch, you need to make the right choices to avoid serious legal action. But copyright law can even put you in a creative position to speak to an audience that hasn’t seen what you’re offering them before.
Can you get sued for selling merch?
Of course they can. Anyone can sue anything for anything. And if you change the question “does the clothing brand have a strong case?” the answer’s yes, if the goods you’re selling infringe their trademark rights because they’re not…
Do you have to pay taxes as a reseller?
Generally, resellers to do pay sales tax when they purchase the items, but must collect sales tax when those items are sold to the end user. While the products sold by resale businesses may be very different, they all buy products and then resell them in the same form in which they were acquired.
Can you license a product without a patent?
You are not required to obtain a patent in order to sell a product or service embodying your invention. Many products and services are sold that are not patented. A U.S. patent provides the right to stop others from making marketing, selling, or importing your invention in the United States.