Sometimes, but it carries more risk than most makers expect. Reselling genuine branded goods second-hand is usually fine, because once a brand has put an item on the market in the UK or the European Economic Area, its trademark rights in that item are largely used up. Upcycled branded goods are different. UK law lets a brand object to further sales where the condition of the goods has been changed after they were first sold, and reworking them into something new is exactly that. The more the brand’s name or logo is the reason people buy your product, the higher the risk.
Upcycling isn’t off limits. But if branded materials are central to what you make, it’s worth understanding where the lines are before you scale. Below I have set out how the law works, what the courts have decided so far, and the checks I would make, stage by stage.
Why are brands taking action against upcyclers?
Because upcycled pieces often put the brand’s logo front and centre, on a product the brand never made or approved. In May we posted on The Trademark Helpline’s LinkedIn page that upcycling is one of the most exciting spaces in independent business: creative, sustainable and increasingly popular with customers who care where things come from. The post also pointed out that Chanel, LVMH, Rolex and Hermès have all taken legal action in this space. That action often starts with a cease and desist letter, and if one arrives, our trademark cease and desist service can review the claim with you and prepare a response. For independent makers in fashion, jewellery, accessories, interiors and homeware, that’s worth knowing.
If you’re not sure where your own plans sit, our trademark consultation and clearance audit is designed for exactly this kind of question, and I explain what it covers at the end.
Why is reselling genuine goods usually allowed?
Because of a rule called exhaustion of rights. Section 12 of the Trade Marks Act 1994 says a registered trademark isn’t infringed by using it in relation to goods the owner, or someone with its consent, has already put on the market in the UK or the European Economic Area. In plain English, once a brand has sold a genuine handbag here, it generally can’t stop that handbag being sold on.
Two limits are worth knowing. First, the rule only covers goods first sold in the UK or the EEA, so stock that was first sold elsewhere, such as vintage bought in from the US or Japan, isn’t automatically covered. Second, and more important for upcyclers, the rule doesn’t apply where the brand has legitimate reasons to object, in particular where the condition of the goods has been changed or impaired after they were put on the market.
When do upcycled branded goods infringe a trademark?
When the reworked product is sold in a way that uses the brand’s mark and the brand can show a legitimate reason to object, most obviously that the goods have been changed. A jacket with a designer logo stitched on, earrings made from logo buttons, or a bag cut down and rebuilt are no longer the goods the brand sold. Customers may also assume the brand made or approved them, which is the kind of harm trademark law is there to prevent.
Trademarks aren’t the only right involved. Printed scarves, fabrics and patterns can be protected by copyright, which for artistic works lasts 70 years after the designer’s death, so an old print can still be protected.
There is one narrow allowance. Section 11 of the Act allows use of a mark to identify goods as the brand’s own, provided the use is in line with honest practices. That may help with a factual description of where a material came from, but it isn’t a free pass to use a brand’s name to sell your product.
What have the courts decided about upcycling?
The published decisions so far come from outside the UK, and several of the best-known cases settled before a judge ruled. A February 2026 round-up in The Global Legal Post listed cases involving Chanel, Louis Vuitton, Rolex, Levi’s and Hermès. The main ones, in date order:
- Chanel and Louis Vuitton, 2021 to 2022, United States. Chanel sued Shiver + Duke in February 2021 over jewellery made from what were said to be genuine Chanel buttons, and the case settled in late 2022. Louis Vuitton, part of the LVMH group, sued Sandra Ling Designs the same month over bags and clothing made from deconstructed pre-owned Louis Vuitton goods. According to The Fashion Law, that case settled in October 2022 with a $603,000 judgment and a permanent injunction.
- Rolex, 19 January 2024, Switzerland. The Swiss Federal Supreme Court drew a clear line: customising a watch for its owner at their request, for their own use, was allowed, but buying Rolex watches, customising them and selling them on infringed.
- Hermès, 10 April 2025, France. The Paris Judicial Court found that denim jackets carrying pieces of second-hand Hermès scarves infringed both Hermès’s trademark and its copyright in the scarf designs. As the IPKat reported, the court rejected the argument that environmental benefits justified the use. It was a first-instance decision.
None of these binds a UK court. But the UK exhaustion rule started life in the same EU trademark law, and the Swiss and French courts both drew the line in the same place: changing branded goods and then selling them on is where the risk sits.
How do you check your upcycling business, step by step?
Here are the checks I would make, in order, with the timeframes that matter at each stage.
- Before you buy stock: check what’s registered. Big brands usually hold registrations for goods like bags and leather goods and jewellery and watches. A UK registration lasts 10 years and can be renewed again and again, so a brand’s rights don’t simply run out with age.
- Before you design: check the print. If the material carries a distinctive pattern or artwork, copyright may still apply for decades, as above.
- Before you list: check how you describe it. Look at product titles, hashtags, photos and ads. A brand name used to attract buyers, or wording that suggests a collaboration, adds risk. Brands can ask a marketplace to remove a listing that uses their mark, the same route our website takedown service uses for our own clients.
- Before you scale: get a view on the whole range. A one-off piece and a product line are very different propositions, and wholesale, marketplace and ad spend all raise the stakes.
- If a letter arrives: respond by its deadline. Don’t ignore it and don’t panic. Keep records of where your materials came from and get advice before you reply.
If you’re building your own brand alongside the upcycled work, a free trademark search will show you whether your own business name is clear, and our guide on trademarks for selling on Amazon covers why marketplaces care about who owns a brand.
How can we help upcyclers?
The trademark consultation and clearance audit I mentioned at the start looks at your products, your materials and how you sell them, and gives you a practical view of the risk before you invest more in stock or marketing. Clearance audits start from £99, and consultation is free for new clients. You can book a free call, email enquiries@thetrademarkhelpline.com or ring us on 0161 833 5400.
Related questions
- What happens if someone copies my logo? Can I sue?
- Can I register a trademark myself, or do I need an attorney?
- Does a UK trademark protect me everywhere I sell?
This article is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 25 September 2026. First shared as a LinkedIn post.
Questions about this
Can I resell second-hand branded goods in the UK without infringing a trademark?
Usually, yes. Under a rule called exhaustion of rights in section 12 of the Trade Marks Act 1994, once a brand owner has put genuine goods on the market in the UK or the European Economic Area, it generally cannot stop them being sold on. The rule does not automatically cover goods first sold elsewhere, such as vintage stock bought in from the US or Japan, and it does not apply where the condition of the goods has been changed.
Answered by Laura Spencer, ParalegalIs selling upcycled designer items trademark infringement?
It can be. UK law lets a brand object to further sales where the condition of goods has been changed after they were first sold, and reworking them into something new is exactly that. A jacket with a designer logo stitched on or a bag cut down and rebuilt is no longer the product the brand sold, and customers may assume the brand made or approved it. The more the logo is the reason people buy, the higher the risk.
Answered by Laura Spencer, ParalegalWhat have courts decided about upcycled luxury goods?
The published decisions so far come from outside the UK, and several well-known cases settled before a ruling. In January 2024 the Swiss Federal Supreme Court found that customising a Rolex for its owner was allowed, but buying, customising and reselling Rolex watches infringed. In April 2025 a Paris court found that denim jackets carrying pieces of second-hand Hermès scarves infringed both trademark and copyright. None binds a UK court, but both drew the line at changing branded goods and selling them on.
Answered by Laura Spencer, Paralegal
