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Cincinnati, OH asked in Contracts, Intellectual Property, Trademark and Patents (Intellectual Property) for Ohio

Q: Can I engrave and resell a modified Chinese knockoff product?

Can I buy a firearm accessory that is a Chinese knockoff, different from the original patented product, and laser engrave my company logo or a police department logo on it, then resell it to certain clients? I'm not removing the original manufacturer's information, and I don't plan to market it as my own brand. I'm concerned about potential trademark or patent issues. What should I be aware of legally?

2 Lawyer Answers
Babak Akhlaghi
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A: That is a great question, and the short answer is yes, you could be exposed to a patent infringement claim. Patent infringement is determined by whether the product you are selling infringes on an existing, issued patent. It does not take into account whether the product is a knockoff sourced from China or another source. I hope this provides clarity!

James L. Arrasmith
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A: You’ll want to be very cautious with this idea. If the accessory is a Chinese knockoff, that already raises questions about whether it infringes on existing patents or trademarks, even if the design is slightly different. Selling or modifying products that are copies of patented or trademarked items can expose you to liability if the original rights holder decides to enforce their protections.

Engraving a logo, especially a police department logo, introduces additional legal risks. Unless you have explicit permission, using a government agency’s name or emblem on merchandise can be considered unauthorized use, which could result in legal action. Even putting your own company’s logo on a knockoff item could be seen as branding or endorsing it, making you responsible for its quality and safety.

From a practical standpoint, you should confirm whether the product truly avoids patent or trademark infringement, and whether you have the right to engrave and sell it. If not, you could face both intellectual property claims and consumer protection issues. In short, the safest path is to avoid reselling knockoffs entirely, especially when official logos or your own brand are involved, because the risks far outweigh the potential benefit.

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