2 questions about a new product

themom

I am currently looking into marketing a new product in Ireland.Something similar is available in the USA.

I don't want to say exactly what it is but the market will be new parents. I won't need a CE mark for it and it is something that I will be actually making myself. So,can I just make the product and start selling and my hope would be as I make money I can spend more on advertising etc .I really don't want a huge loan around my neck.

The 2nd question is that I am already self employed providing a service so can I sell my product under the same name or do I need to register as a different company?

Thanks

pedroeibar1

There is more to this than 2 ‘simple’ questions. Is the product covered by a patent? Can you legally replicate what is already available? Even if you can make and sell, do not fall into the trap of believing just because your product escapes ‘CE’ does not mean it will escape NSAI standards, particularly when selling to the infant/toddler market. Consumers are actively urged to avoid any product without the ‘CE’ mark. Why are you handicapping your business by alienating a large part of your target market? Young parents are totally boring about their offspring. Get something wrong and upset their little darling and you will be sued beyond the outer reaches of your wealth.

If you have a company the chances are (from an accounting/sales perspective) you can do what you propose – read its Memorandum articles of association. But there are reasons as to why you should not use the same vehicle. If you are a sole trader you can sell it without further ado within the confines of copyright law. Be very very aware of potential liabilities.

jimmii

You could trade under the same name but it is probably worth trading under a name more relevant to the product that is assuming you are regutered as a sole trader and not an ltd. Are you going to have any sort of protection if it is so easy to produce? It sounds like it could be very easy to be copied if it proved in any way successful.

pedroeibar1

pedroeibar1 wrote: »

you will be sued beyond the outer reaches of your wealth.

If your product is not approved or accredited, and your making it yourself, you might even find someone will do what Pedro says above even if you do nothing wrong!

Avoid putting it in with your current business for obvious reasons. New Limited Company.

BUT sounds like you have very limited experience in business, be very careful with something like this, the way you have described it it sounds high risk indeed.

themom

Thanks for the replies.

I have done plenty of research on patent and also on NSAI. I do have meetings organised this week with people in the know but the questions I posed here I suppose were idle musings on a bank holiday Monday night!

ironclaw

My question would be if its that big in the US and its that easy to replicate, I'd be worried of someone coming along with a chunk of change and asking China to output 100,000 units for them. Your wiped out over night!