Why You Should Trademark Your Brand, Especially Selling on Amazon
To protect your product and Amazon business, utilizing Amazon’s Brand Registry and filing a trademark is an important consideration. Here is more on Amazon’s Brand Registry Program.
Overall, lots of people were affected by Amazon’s “new” policy in 2017.
It is extremely frustrating to be affected by a cease and desist order directly or shut down by Amazon overnight, by surprise no less, by a simple complaint. The complaining company may or may not have trademark rights to the subject product name, logo, or slogan. TBD. Frustrations escalate when the other company is unreachable or non-responsive. Why should they? Your brand
is off Amazon. They have what they want. Time is on their side
Protect Your Products with a Proper Trademark Before You Sell on Amazon.com
Blame is a strong word, but really the question you have to ask: Why in the world would you be selling any product without knowing your name, slogan, or logo are actually LEGALLY CLEAR and have the trademark secured in any country you are selling? Really!!
We are not talking about service. We are talking about products. Much more invested in a product start than a simple service start. So, JUST BECAUSE no law says you HAVE to have a trademark or HAVE to do comprehensive legal research (is what it is called) – WHY WOULDN’T YOU?!
As a responsible product owner, you, too, should care about confusion in the marketplace. As trademarks work – Similar names in sound, appearance, or meaning DO affect your LEGAL USE.
Your customers care, your competitors care, your investors care, your employees care, your manufacturer cares, US Customs cares, the USPTO cares – Amazon now cares.
Going through LEGALLY CLEARING, your name, slogan, or logo makes sure you avoid those products with prior first use rights under trademark law and the first use common law. Going the next step achieves ownership rights. Owning a trademark adds value to your enterprise.
THEN if someone tries to scope on your product’s mark, you have a defense to stop them. THEN you have EASY recourse to enforce against infringers yourself. THEN you won’t be an easy target that your successful sales attract.
We recommend http://www.tmexpress.com/ and their TradeMark Express Premium Package: Comprehensive Research & USPTO Application, which is $400. The USPTO’s fee is $275.00 per class.
When you reach out to them, let them know you were referred by Nevada Corporate Planners (our sister company). We have worked with them over the years, with our main incorporating business. Trademark Express has been around for 25 years and will take great care of you!
For those with a sudden Amazon shutdown, we recommend calling TradeMark Express for a free consultation. They’ll determine where you legally stand against the other product – and all other products and related services – If you have first use rights under common law, if you can successfully get a trademark – or not. If you really are infringing, we’ll figure it out for sure. Then IF LEGALLY CLEAR, we’ll write and submit your trademark application anywhere Worldwide, so you can restart your product sales. Once filed, your USA trademark will speed through with no delays, in the minimum 6 months for registration. Then you can use the ® symbol.