Trademark Law: Remade Products Can Also Constitute Trademark Infringement

Recently, trademark infringement involving remade products (products newly created by processing genuine brand items, etc.) has become increasingly prominent.

Reselling so-called brand-name goods (genuine products) as they are does not constitute trademark infringement. On the other hand, selling them as remade products may result in trademark infringement. If you are accused of trademark infringement, you could even be arrested.

To prevent a situation where you might be arrested, in short, you should refrain from selling products that could be mistaken for the real thing (confusingly similar).

Trademark infringement involving imitation or remade products of famous brands like Hermes has been an issue for some time, but in August 2022, remade jeans were exposed for trademark infringement.

Since these brand-name goods have a sense of luxury in their design, they seem to be frequently used as materials for remade products. It is fine to use these remade products (in small quantities) for yourself, but if you sell them, it may constitute trademark infringement. In particular, cases where a brand logo is attached to a product that has absolutely no connection to the brand are treated the same as pirated or imitation goods.

Also, if you cut out and paste brand logos, etc., and that logo is trademarked, it may constitute trademark infringement.

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