In answer to your two questions:
1. The brand owner has a different definition than distributor in the regulations. In my experience with clients in your situation, it sounds like they are trying to put all the regulatory cost and product liability into your system and they become distributors of the product in name only. In this case you are responsible if anything goes wrong with the products and are responsible for all registrations and annual upkeep. Lastly, you would be responsible for maintaining the design and associated files of the product. This is a common hand-off and easy to do as long as you are aware of the implications.
2. Trademark and product registrations are two completely different systems. The trademark is who legally owns the right to use the design. The registration is notifying the government that you will be placing it on the market. Yo answer your question, yes you can do the registration for products that are trademarked by others. The issue becomes complicated only because in order to perform the registration, you must supply product documentation that they may consider company confidential. I would recommend making sure you have access to all documents prior to starting the process.
1. The brand owner has a different definition than distributor in the regulations. In my experience with clients in your situation, it sounds like they are trying to put all the regulatory cost and product liability into your system and they become distributors of the product in name only. In this case you are responsible if anything goes wrong with the products and are responsible for all registrations and annual upkeep. Lastly, you would be responsible for maintaining the design and associated files of the product. This is a common hand-off and easy to do as long as you are aware of the implications.
2. Trademark and product registrations are two completely different systems. The trademark is who legally owns the right to use the design. The registration is notifying the government that you will be placing it on the market. Yo answer your question, yes you can do the registration for products that are trademarked by others. The issue becomes complicated only because in order to perform the registration, you must supply product documentation that they may consider company confidential. I would recommend making sure you have access to all documents prior to starting the process.
