Negotiating Business Deals/Hi

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Question
Hi Rhett Kniep,

A question I have is about me wanting to get made and selling a product. I am wanting a custom jewelry which is easily done because its more like nylon or string type material. Not metal. I have seen many sites of the jewelry being made custom, but I see them (at least some of them) having the logo of the company on it. Well, I am wanting it made to sell with my design so what do I need to do to find a place that will not put their logo on it. Do I actually have to enter into some business contract situation in order to have that done perhaps?

Also, I have been looking into getting a name trademarked. I see that it is around $450 from the government trademark website. Is there anyway that it can be done at a more affordable price, whether it is in installments or somewhere more cheaper?

Thank You

Answer
Hi Quentin

Thanks for your question.

Custom jewelry is likely a business that can be completely custom, meaning you should not have to use others materials or custom crafted pieces to make your own. If you are seeing jewelry with logos on it, then those logos are to promote that company...not you. So I think you will need to find material that is not identifiable with another custom jewelry maker. Otherwise, if you start making money with another company's products and the other company catches you, you could be liable for infringement.

There might be a situation where you could approach the maker and get rights to their product for your own, but if you do I am almost certain you will have to pay for it. Perhaps you could negotiate a good deal; I don't know, But if you go that route be sure to get everything in detailed writing so those companies could not come back to you later and accuse you of making money off their designs without permission.

A trademark is not too hard to do. Just be sure to DO IT RIGHT. Getting a trademark involves specific steps and you must document exactly what it is your are trying to do. It will be worth paying for. Otherwise, someone else could see your cool designs and steal them from you and you would have no recourse. I suggest at least speaking to an attorney for some basic advice on it. If you are looking at this as a legitimate business, consider your research costs simply costs of doing business. Generally in business, there aren't many good shortcuts.

Hope this helps, and I wish your business venture well,

Rhett

Negotiating Business Deals

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Rhett Kniep, CBB

Expertise

There is a philosophy behind all negotiations, and having the right perspective and approach is vital to successful deals. I can answer questions regarding business and personal negotiation, and advise on successful strategies.

Experience

I have been a business and real estate broker for over 12 years and a building contractor for over 20. I have done numerous trainings in commercial real estate and real estate investment and have managed multi million dollar funds for real estate investment clients. I have counseled both buyers and sellers in high dollar real estate and business deals.

Organizations
Ca Association of Business Brokers, Contractor's State License Board, Better Business Bureau.

Publications
The Contractor Investor, Phi Logos Publishing, 2011

Education/Credentials
Certified Business Broker, California Association of Business Brokers, AA Communications, student at Lincoln Law School of Sacramento, dozens of real estate investment and negotiation trainings.

Awards and Honors
Stormy Seibring College Scholarship, Rescue Mission Service award, Film School Certificate

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