Merch and online shop: brand, product safety, revocation and mandatory information

From the logo to the product

For many creators, Merch is the entry into their own products. Legally, it starts with the name: without a registered trademark for clothing and other goods, third parties can block or copy the name. Product safety, textile labeling and packaging regulations apply to the products, and the rules of distance selling in the shop.

We accompany Creators from the trademark registration to contracts with producers and print-on-demand providers to the legally secure shop and take action against counterfeits.

Typical situations in which we help

• You are planning a merch collection.
• You open your own online shop.
• Counterfeiting of your merch appears in marketplaces.
• You work with a print-on-demand provider.
• You have received a cease-and-desist letter about your shop.

Legal basis at a glance

Brand and design

The brand should be registered in the classes for clothing, accessories and, if necessary, printed matter. Own designs can be protected as design.

Product obligations

According to the EU Product Safety Ordinance, those responsible must be designated and labeled products. Textiles need fiber labeling. Registration in the packaging register is required for packaging.

Shop

Imprint, data protection declaration, terms and conditions, cancellation policy, prices with basic price and shipping costs as well as a correctly labeled order button are mandatory.

Fakes

Trademark registration, reports on marketplaces and border seizure applications at customs help against counterfeiting.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Start merch without registering a trademark.
• Forgot textile labeling and packaging register.
• Use template terms and conditions without customization.
• Not pursue fakes.