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  • Selling my crafts

    Hi I really need advice on selling if anyone would be kind enough to advise I've been looking for answers for ages and am not getting anywhere.
    I have made a few stuffed rabbits they are in a usual style. My questions are
    Do I need to state that they are not for children ? on a, label?
    Do I need to write materials on a, label?
    How do I stop people copying my idea ?
    I did ask trading standards but have heard nothing guess I asked the wrong people lol

  • #2
    Hi Junie and welcome!

    Bear with Trading Standards, mine usually take a while to respond but I find their advice invaluable.

    If your rabbits look like toys and can be played with like toys, then they are by definition toys and they will need to be CE Marked. The rules state " a toy is a product designed or intended, whether or not exclusively, for use in play by children under 14 years of age."

    There are a few threads on here and beadsbydesign has also just done a great blog on it (http://www.craftsforum.co.uk/showthr...-you-sell-toys)

    If however your rabbits are collectors items they are exempt, as follows:
    Products for collectors, provided that the product or its packaging bears a visible and legible indication that it is intended for collectors of 14 years of age and above. Examples of this category are:
    (a) detailed and faithful scale models;
    (b) kits for the assembly of detailed scale models;
    (c) folk dolls and decorative dolls and other similar articles;
    (d) historical replicas of toys; and
    (e) reproductions of real fire arms.

    As to stopping people copying your idea, you will need expert advice on that due to legal ramifications. Try here for more info
    http://www.ipo.gov.uk/home.htm

    Hope that helps a little,

    Liz

    (Source http://www.ce-marking.com/toys.html#standard)
    Liz aka bigbirdlittlebird

    http://www.facebook.com/BigLittleBird
    https://twitter.com/little_bigbird
    http://www.bigbirdlittlebird.co.uk

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    • #3
      If you are selling as toys they have to be tested and marked accordingly. If not a toy yes the label should state 'This is not a toy'.

      You need to note if they are washable but if not a toy or to wear details of the composition are not as important.

      Re the copying bit this is hard and to stop can be costly, you can copyright your designs, think there is a new site that is free but to do it properly does cost more money and tbh with the age of the internet is not worth it. As you may spend so much time chasing copies or potential copies and leave little time to sell. How do you know your design is truly unique? they may have been done before and very hard to prove.

      Trading standards are usually very helpful but you have to be precise what you are asking them.

      Comment


      • #4
        Hi. First i would like to see them It's better if you write all this information on the label , but it depends how many you are planing to make. If it's just a few you can sell them on ebay without any labels If you are planing to make this a business than it is a bit complicated to stop people copying ur idea. The only thing u can do if u see somebody who copied it just to post wherever you can that they are copying you and to make them look silly just for your own satisfaction
        www.thetutufairy.co.uk
        Lovely hair clips and headbands for your little ones
        See my products

        My ETSY shop
        My EBAY

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        • #5
          From what I understand, if you sell something which looks like a toy, you need to get it CE tested as if it were a toy. Legallly, you cannot simply state that your rabbits are not suitable for children under a certain age - although lots of people do this! There is a useful thread on the Folksy forum about this: http://forums.folksy.com/forums/2/topics/397834

          I don't think you can stop anyone breaching the coptright on your ideas. Some people might suggest that you send your designs as recorded delivery to yourself and then store the envelopes unopened - that way your designs have a date. However, this wouldn't prevent someone copying them! But it would provide proof in the event of you taking legal action against the copier. Realistically speaking, I wouldn't bother as it's unlikely you'd want to spend the money on pursuing the copyist anyway.

          Also, if you're selling with a view to making money, you'll also need to be registered with the HMRC.

          How did you contact Trading Standards, by email? Give them a phone call about your queries.
          Carol
          Pop Up Zoo Greetings cards - Raising money for Sands in memory of my precious son Ben Folksy Shop, Facebook Page, You Tube
          Carol's Yummy Bakes - My new business Website, Facebook Page


          Comment


          • #6
            Thanks for that link Carol, hadn't read that one before x
            Liz aka bigbirdlittlebird

            http://www.facebook.com/BigLittleBird
            https://twitter.com/little_bigbird
            http://www.bigbirdlittlebird.co.uk

            Comment


            • #7
              What sort of protection are you wanting to claim regarding the rabbits?

              If you have designed an original pattern for a rabbit, you have copyright on the description, illustrations and written instructions for making it, if you have written/drawn them out.

              Is there something so unique about your rabbit, or the process used to make it, that it could be successfully patented? Frankly I doubt it.

              Perhaps you are looking at design right, which might offer you limited protection for a limited period - the Intellectual Property Office can help in this regard. http://www.ipo.gov.uk/

              Be aware that this information is only relevant to the UK - copyright/trademark/design right etc laws differ in every country, and under the Berne Convention, protection in country A does not necessarily include the same degree of protection in country B - it might offer more or less.

              re toys - rule of thumb is that if it looks like a toy, then it is a toy (with a few exceptions). New toy regulations for the EU are coming out in June this year (I think), possibly allowing a little more leeway in some aspects, but less in others.
              Last edited by eena; 25-02-2013, 05:29 PM.


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              • #8
                Thanks everyone I've had a reply from trading standards saying I have to have it ce tested very dishearted : (
                I wasn't making them for children but rules are rules.
                I guess I'm not able to make anymore my hobby will be no more .
                My copy ideal was more of a monster horror rabbit thats why I did not want to make for children

                Bye bye from a very sad crafter
                But on a happy note your all very kind helping me with my questions thank u x

                Comment


                • #9
                  Don't give up. You can look into self-certifying and still producing but then marketing to your intended audience.
                  x
                  Liz aka bigbirdlittlebird

                  http://www.facebook.com/BigLittleBird
                  https://twitter.com/little_bigbird
                  http://www.bigbirdlittlebird.co.uk

                  Comment


                  • #10
                    The rule about labelling your toy goes - you must sell your toy with a label. It can be attached to the toy but if that is not possible it can be stuck on the packaging and originally it said if that was not possible it had to be given WITH the toy.
                    On the lable you must have a CE in a certain font. You must have a warning eg not suitable for children under 3 years old, and why, eg it's small - they might choke if they swallow it. Then you must put the name and address of the maker or importer. It is their responsibility to certify the toy is safe and the buck will stop with them if it isn't.

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                    • #11
                      The people nicking your ideas thing: as an artist craftsman with an out pouring of ideas I have found it isn't worth worrying about it. Yes people nick your ideas. I find they rarely last. The quality of their work is rubbish, or they are greedier than me, or they undercut my prices too much, or they lack stamina in the face of boredom or adversity. I'm still standing. I'm famous in my little pond. Customers come back and refer others to me...........and part of me is racing along with my next original idea. I do recommend getting on with things and not having time to worry.

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