To register a tile brand, apply for a trademark with the trade mark office in each country where you will sell, and agree in writing with the factory that the brand belongs to you. Trademarks are territorial, so a registration in one country does not protect you in another.
This article gives the basics, not legal advice. Use a trademark attorney in your market before you print boxes or launch.
Where should you register the brand?
Register first in the country where you sell. That is where a copycat would hurt you most. If you plan to sell in several countries, ask your attorney whether an international filing route suits you. India is a member of the Madrid system, but you should confirm current rules with your attorney.
Consider also registering in India, where your goods are made. If someone else registers your name there, a factory or trader could use it, or block your exports. Search the register before you commit to a name.
What does the factory need to agree?
Printing your brand on boxes needs the factory's cooperation and a clear agreement. Put these points in writing before the cartons are made:
- The brand and logo belong to you, and the factory acquires no rights in them.
- The factory will use your brand only on goods made for you.
- Printed cartons, plates and artwork are held for you, and not reused for other buyers.
- Unsold or rejected branded stock is destroyed or returned, not sold to someone else.
Our guide on private label tile boxes covers the practical side of printing.
How do you protect tile designs?
Brand and design are separate issues. A trademark protects your name. A tile design belongs to whoever created it, and in Morbi many designs come from the factory's own library or from shared design houses, so the same design is often sold to many buyers.
If you want a design to be yours, commission it yourself, keep the files and the dated record of who made it, and agree in writing whether the factory may sell it to others. Ask your attorney whether design registration is available in your market. The guide on custom tile designs from Morbi explains how bespoke designs work in practice.
A factory that will not agree to restrict a design is telling you it is not exclusive. Plan around that.
Keep the paper trail
Disputes are won on records. Keep your trademark filings, signed brand agreements, artwork files with dates, and approved box proofs. Include a clause in your purchase contract on brand and design ownership. A longer agreement may also suit you if you become an exclusive distributor.
What if the factory already uses a similar name?
Search before you invest in boxes and signage. Look at the trade mark register in your market and in India, and at the names used by tile sellers online. If a similar name is already in use for tiles or building products, choose another. A name that is close to an existing mark can lead to a refusal or a dispute, and that is expensive once your stock is printed.
Next step
We can arrange the factory side: finding a plant that will print your brand, checking its terms, and supervising production and loading. For your own brand plan, book a free sourcing review.