How to Build Your Own Brand with White Label Products and Trademarks

White label products are generic products that are mass manufactured by one company and then customized slightly (such as adding a logo or brand name) for several brands. White label products can be bulk ordered, dropshipped, or printed on demand. Some examples of white label products are t-shirts, cosmetics, metal water bottles, tote bags, LED lights, batteries, and mugs.

Many entrepreneurs use white label products to start or grow their own businesses. White label products offer several advantages, such as:

a candle in a jar with a blank white label on the front

White label products are generic products that are mass manufactured by one company and then customized slightly (such as adding a logo or brand name) for several brands. White label products can be bulk ordered, dropshipped, or printed on demand. Some examples of white label products are t-shirts, cosmetics, metal water bottles, tote bags, LED lights, batteries, and mugs.

Many entrepreneurs use white label products to start or grow their own businesses. White label products offer several advantages, such as:

  • Saving time and money on product development and manufacturing

  • Leveraging the quality and reputation of the original manufacturer

  • Offering a wide range of products to customers

  • Focusing on marketing and branding strategies

  • Creating a unique value proposition and differentiation

However, using white label products also comes with some challenges, such as:

  • Facing competition from other brands using the same products

  • Having limited control over product quality and availability

  • Relying on the original manufacturer’s policies and practices

  • Dealing with potential legal issues and liabilities

One of the most important legal issues that white label entrepreneurs need to consider is trademark protection. A trademark is a word, name, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. A trademark gives you the exclusive right to use your mark in commerce for the goods or services that you offer, and to prevent others from using confusingly similar marks for related goods or services.

But how can you trademark your white label brand? And what does it mean to use your trademark in commerce? In this blog, we will answer these questions and provide some tips on how to protect your white label brand with trademarks.

How to Trademark Your White Label Brand

The first step to trademark your white label brand is to choose a distinctive and non-descriptive name for your brand. A distinctive name is one that is unique, memorable, and not generic or common. A non-descriptive name is one that does not describe the features, qualities, or characteristics of your products or services.

For example, if you sell white label cosmetics, you should avoid names like “Cosmetics” or “Beauty Products”, as they are too descriptive and not distinctive. Instead, you should choose names like “Glamify” or “Lushy”, as they are more distinctive and suggestive.

Next, you will need to conduct a comprehensive trademark search to make sure that your name is not already registered or used by someone else for similar or related goods or services.

Then, assuming your name has cleared the comprehensive search, you will need to file an application with the USPTO. You can file an application online using the Trademark Electronic Application System (TEAS). You will need to provide information such as:

  • The name and address of the applicant

  • The name and description of the mark

  • The international class(es) of goods or services that you want to register the mark for

  • The filing basis of the application (either use in commerce or intent to use)

  • The dates of first use anywhere and in commerce (if applicable)

  • A specimen of use showing how you use the mark in commerce (if applicable)

  • A declaration of accuracy and signature

  • A filing fee for each class of goods or services

After about nine months (based on current timelines), the USPTO will examine your application for compliance with federal law and the Trademark Rules of Practice. If there are no issues with your application, the USPTO will publish your mark for opposition in the Official Gazette. If no one opposes your mark within 30 days, the USPTO will issue a certificate of registration for your mark if you filed as in use and already proved that use in commerce or request that you prove that you have started using the mark if you filed the application as intent to use.

How to Prove Use in Commerce Using White Label Products

One of the most important requirements for obtaining and maintaining a trademark registration is proving use in commerce. Use in commerce means that you are actively using your trademark in providing your goods and services to customers who live outside your state. For example, maybe your based out of Tennessee, but sell cosmetics online to customers in Virginia.

But how can you prove use in commerce using white label products? Here are some tips:

  • Use your trademark consistently and prominently on your products or their packaging, displays, tags, labels, etc. If placing the trademark on the item or the packaging is impractical, then use it on documents associated with the goods in connection with their sale.

  • Use your trademark clearly and conspicuously on your website, social media accounts, advertisements, brochures, flyers, etc. Make sure that your website has a way for customers to order your products online or contact you for your services.

  • Keep records of your sales, invoices, receipts, shipping documents, etc. that show your trademark and the date and place of the transactions.

  • Provide a specimen of use that shows how you use your trademark in commerce for each class of goods or services that you apply for or register. A specimen of use is a real-world example of how you use your mark, such as a photograph, screenshot, or label.

Conclusion

Using white label products can be a great way to start or grow your own brand. However, you need to protect your brand identity and reputation with trademarks. To trademark your white label brand, you need to choose a distinctive and non-descriptive name, conduct a trademark search, file an application with the USPTO, and prove use in commerce using white label products. By doing so, you can enjoy the benefits of having a strong and distinctive trademark for your white label brand.

If you need professional assistance with trademarking your white label brand, contact us today; we can guide you throughout the process.