Author: Dr. Andreas Kokott (Juli 2026)
Protect Your Candle Business: What Makers Need to Know Before Copying Designs
When searching for new ideas for candles, decorative products, or handmade creations, it is common to discover interesting figures, shapes, and designs. It can be tempting to make a mold from an existing object and use it to create your own products.
However, caution is needed: Buying a figurine, statue, decoration, or other object does not automatically give you the right to copy the design, create reproductions, or use it commercially.
Many designs originate from areas such as home decoration, household items, gifts, crafts, or souvenirs. They can be found in stores, markets, or online platforms. Owning such an item does not automatically mean that you are allowed to create a mold from it, produce copies, or sell products made from those copies.
In general, the creator, designer, or rights holder of a protected design has the right to decide whether, by whom, and in what way their design may be used, reproduced, or commercially exploited
A design may be protected by different types of intellectual property rights, including copyright, design rights, or trademark rights. Which protections apply and how far they extend depends on the country, the type of design, and the individual circumstances.
Possible Consequences of Unauthorized Use
Using protected designs or molds without the necessary permission and selling products based on them can create legal risks.
Depending on the laws of the country concerned, possible consequences may include:
- – formal requests to stop using the design
- – demands to cease and refrain from further use
- – requests for information about production, sales, and revenue
- – claims for damages
- – claims related to profits made from the unauthorized use
- – removal or recall of products already offered for sale
- – egal proceedings in court
- In some countries, damages may be calculated based on what a reasonable license fee would have been if permission to use the design had been obtained. This approach is often referred to as a calculation based on a hypothetical license fee.
The longer a potentially protected design or products made from it are sold, the greater the possible financial impact can become, as sales volume, revenue, and the duration of use increase.
Possible Consequences of Unauthorized Use
Very simple motifs or basic shapes, such as classic pillar candles or simple geometric designs, often lack the required creative level for copyright protection.
However, before using any design commercially, it is still important to check whether other intellectual property rights may apply or whether permission from the rights holder is required.
Working Safely as a Maker
Anyone who produces and sells candles, figurines, or other handmade products commercially should make sure to use only their own designs or legally authorized molds.
Buying a figurine or mold does not automatically grant permission to reproduce it. The important question is whether the necessary rights for the intended commercial use have been obtained.Anyone who produces and sells candles, figurines, or other handmade products commercially should make sure to use only their own designs or legally authorized molds.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Intellectual property laws and legal procedures vary between countries. If you are unsure whether a specific design or mold can be used commercially, seek advice from a qualified legal professional in your country.