Putting your own trademark on defective clothes produced, sold or imported by others for sale can be considered from two aspects:
1. Design patent infringement
You need to confirm whether others have applied for a design patent for this piece of clothing and the status of the design patent rights. If a design patent has been applied for and the patent rights status is normal, it constitutes design patent infringement.
2. Unfair competition
Even if you have not applied for a design patent for the appearance of the clothes, selling someone else's new design of clothes with a certain degree of creativity with your own trademark and selling them in the market can easily cause confusion. Without authorization, the product mixing effect of OEM activities tends to take advantage of marketing opportunities, constituting unfair competition.
In short, the act of selling other people’s defective clothes under your own trademark may be suspected of design patent infringement or constitute unfair competition. This is prohibited by law and will be determined based on the specific circumstances. Corresponding penalties will be imposed, and those who constitute a crime must be held criminally responsible in accordance with the law.