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This archived content is from Mary Wilkins’ sewing and quilting message board “Sew What’s New,” which was retired in August 2007. It is being provided by “Sew What’s Up,” which serves as the new home for many members of “Sew What’s New.”
From: Raulaniesa
Date: 05-25-2005, 04:32 PM (1 of 8)
Hi everyone, i am so very new to all of this and most definitely getting ahead of myself with this question.
I just decided to look to see what my state (michigan) requires for licensing when it comes to selling hand made clothes. I was confused to find that a Dressmaker requires no licensing (aside from sales tax requirments for the finished item) but the description of Clothing Manufacturer has a long list of licensing requirements ranging from clothing label tags to possible hazardous waste licenses (i realize of course this is probably for companies who manufacture their own fabrics).

My question is what's the difference? Is it just that "Clothing manufacturer" describes the big companies who go from fabric creation to design creation and "dressmaker" refers more to the mom and pop store that designs their own clothes from premade materials?
I'm sure I will probably have to verify the difference with my state regulations offices, but thought I would pose the question here in the hope that someone may have come across this already.

Thanks for any thought anyone may have to offer. When it's time i'll actually contact the gov't offices to verify but for now I was just more curious than anything :)

~Raulaniesa
User: Raulaniesa
Member since: 05-18-2005
Total posts: 4
From: carman
Date: 05-25-2005, 04:39 PM (2 of 8)
i just wanted to welcome you to SWN Raulaniesa i am up here in Canada, but i am sure some one here will have an answer or two for you :bluesmile
User: carman
Member since: 04-17-2000
Total posts: 692
From: SummersEchos
Date: 05-25-2005, 05:11 PM (3 of 8)
You have it right. A dressmaker is someone who sews for clients that come to her/him. Just make sure you do your reasearch fully, there are many copyright laws, tax laws, etc.
Summer (from Mich also)
Summer

FREE FALLIN
User: SummersEchos
Member since: 09-29-2004
Total posts: 884
From: paroper
Date: 05-26-2005, 08:10 AM (4 of 8)
In my case I provided a service only and I didn't need a license in my state or in my city (at the time..I don't know about current laws) and I did not need special zoning..check your local city, county and state zoning laws on that. I kept copies of current pattern catalogs in my house (now it is available online) so that I could reference the patterns when I received a call for business and I gave input when asked, but I did not purchase anything regarding the clothing I made. I also made it clear that I was only responsible for the construction of the item, not bad fabric choices or colors. I did reserve the right to refuse a job.

Many of our number however, purchase all (or part of) the notions and fabrics up front and then sell the finished custom made product to the customer...in that case the classification of business type might technically change from dressmaker to manufactoring which would mean that you would need zoning, licensing, etc etc etc to stay in complience with the law. In our state, very few businesses are classified as a service.

Our state has a one-day (full day) free seimnar held in various locations around the state that gives you answers about licensing, taxes, rules regarding the naming your business and registering that name, and declaration of business-type (corporation, limited liability, sole propriertship). The information is invaluable because not only does it answer all the questions that you will have, it also tells you how to protect your investment, both personal and business. You can have this all done privately, but with the state's program, it it all free, except for any licensing fees you may be required to purchase at a future date. They also provide any forms that must be filed regarding your business. If you operate as a sewing service, much of this information is nothing more than informative and you won't use as much as some in the workshop, but you need to assure yourself that you are operating within the laws. If you don't get this information, it could cost you dearly later. I operated as a sole proprietership. My husband operates as a LLC which is probably a better choice because of the limits of potiental loss. My husband had to register his LLC with the state which cost him $20 but it protects our personal assets if he were to be sued for anything regarding his business. Even if you operate out of your home, if you have customers coming to your home, you have injury potential liability. BE SURE and get business insurance. It is not expensive and it is also tax deductable. If you publish your phone number on business cards or flyers, your local phone company can require you to declare a business phone....this terribly expensive (ir at least I thought it was for the same service we received as a house phone) and the rules that govern your long distance calls change...check into this because you don't want to be penalized by your phone company because you didn't take care of this.

Good luck with your future business! I hope you do very well!
pam

Bernina 200e, Artista V5 Designer Plus, Explorations, Magic Box, Bernina 2000DE & 335 Bernette Serger, Bernina 1530 Sewing Machine, Bernina 1300 DC Overlock (with coverstitch)
User: paroper
Member since: 02-03-2004
Total posts: 3775
From: Raulaniesa
Date: 05-27-2005, 12:13 PM (5 of 8)
Thank you for the welcome, and for all of the information.


What I would like to do is take the sketches I have done of clothes and actually create the line by using store bought materials. Upon reading other posts regarding copyright laws I understand that I can use any colored or patterened fabric so long as it is not a specific line (ie. laura ashley fabrics) or a licensed logo/character (mickey mouse and the many sports teams). That works out just fine by me because I hadn't been interested in using those anyway lol.
I would then like to either sell them from home boutique or over the internet.
All of these laws are rather daunting at the moment however, and I think I may just work on this project for my own wardrobe for now! :)

I have another question about store bought patterns as slopers but I will post that in a seperate post.

Thank you again for all of the information!
User: Raulaniesa
Member since: 05-18-2005
Total posts: 4
From: Sancin
Date: 05-27-2005, 06:12 PM (6 of 8)
Raulaniesa- I responded regarding the copyright issue on that thread. I was not aware that you can't use a specific line of fabric. I think fabric designers design fabric to sell to clothing manufacturers regardless of under what circumstances they are manufactured. You cannot say it is your own design of fabric, but all fabric is designed by someone, even plain colours. Look at clothing you purchase. How many acknowledgements to fabrics and embellishments are included on the tags.
You do not say what country you are from. Writing from a Canadian perspective I doubt you have much to worry about. The powers that be have bigger game to go after, like those downloading music. Canadians are not so litiginous as Americans. You note you are a beginner. Is that a beginner sewer or beginning sewer for others? As you develop your skills you may find more information forth coming as you will probably be networking with others. Ask away - good way to learn and develop confidence in yourself.

Good luck
*~*~*~* Nancy*~*~*~* " I try to take one day at a time - but sometimes several days attack me at once."
User: Sancin
Member since: 02-13-2005
Total posts: 895
From: paroper
Date: 05-27-2005, 06:18 PM (7 of 8)
I think that if you clearly explain your intent to the officials that "be", you will be considered to be a clothing manufacturer because you are providing the raw materials and making a finished product. If it requires zoning, you may find it cheaper to find a zoned storefront someplace where you can work.

It would also make sense that you would be required to label your product with sizes and care instructions, esp. if you are selling it to a retailer for resale. I had a friend that did this through a small private chain store in the Oklahoma City area. She made VERY good money.

In order that your business may grow, you will want to put a dress label in the garments. I always put my company name and town in mine. If people wanted to reach me for business, they then had a way to find me. When I was a child, all the better stores would put their name and town in the labels if you trademark or copywrite your designs, you need to add that to the labels too. Besides, it looks chic and more customers than I ever dreamed commented on how cool my labels were. I ordered my labels by the hundreds from a company that supplied the very nice embroidered labels like you would find fine clothing.

For your own protection, you will want to check into how to copywrite or trademark your designs, otherwise, you will be suprised how fast you might start to see your garments on the streets (and you didn't supply them.) Even if you do the clothing for yourself in the beginning, it wouldn't hurt to do this. If you decide to later market your designs and they have been stolen, you'll have no proof that they were yours and you'll loose your chance to market some of your designs. I've know an awful lot of people who have make custom designs and found their private product meeting them on the street. As for charging taxes and all that "stuff" it may be dependent on how you market your product, but I suspect that you would be required to charge sales taxes.

Good luck in your new adventure! I know that it seems like a big step, but it will be truly rewarding and I know that you can do this. If you choose to only do designs and market those as patterns, you could still make very nice money (just an idea).
pam

Bernina 200e, Artista V5 Designer Plus, Explorations, Magic Box, Bernina 2000DE & 335 Bernette Serger, Bernina 1530 Sewing Machine, Bernina 1300 DC Overlock (with coverstitch)
User: paroper
Member since: 02-03-2004
Total posts: 3775
From: paroper
Date: 05-27-2005, 06:23 PM (8 of 8)
I think that most copywrite and trademark fabric will have the TM or C on the selvage. There are plenty of fabrics that do not have that. Disney seems to be hunting down people in the most obscure places...it just isn't worth it. I think if you just stay away from the obvious, team/college logos, cartoon and funny paper designs, recognizable car and vehicle merchandise, and stay with the routine stuff, you'll be fine...and that appears to be the direction that you are heading anyway.
pam

Bernina 200e, Artista V5 Designer Plus, Explorations, Magic Box, Bernina 2000DE & 335 Bernette Serger, Bernina 1530 Sewing Machine, Bernina 1300 DC Overlock (with coverstitch)
User: paroper
Member since: 02-03-2004
Total posts: 3775
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