When you work with an OEM or ODM cosmetics factory, your brand assets, formula and artwork need basic legal protection. A few simple steps keep your intellectual property safe without slowing the project down.
Key takeaways
- Sign an NDA before sharing detailed briefs or formulas.
- Clarify formula ownership in the manufacturing agreement.
- Register your trademark and keep your artwork files in-house.
Use an NDA early
A mutual non-disclosure agreement should be in place before you exchange concepts, target formulas or supplier lists. It is standard practice and reputable factories expect it.
Define who owns the formula
ODM stock formulas usually remain the factory's property; bespoke formulas you pay to develop can be assigned to you. Spell this out in the contract so there is no dispute if you change suppliers later.
Lock down your brand
Register your brand name and logo as a trademark in your selling market, and keep master artwork and dielines under your own control. The factory produces to your files - it should not own your identity.
Guidance compiled by the OEMHallmark research desk. Always verify current certifications, MOQs and terms directly with each manufacturer.