Trademarks

Image by opensource.com CC-2.0

Changes in Amazon Brand Registry

Most Amazon sellers are aware of Amazon Brand Registry (ABR), and how critical it is to obtain and maintain this qualification. ABR allows sellers to have more control over their product listings and ensures that information associated with their brand is accurate.

A seller who has ABR is free to edit the title and description of their products, as well as upload additional images, including video, among other options. Those who have ABR also have access to powerful search and report tools, as well as the benefit of certain automatic infringement protections. You can apply for Amazon Brand Registry here.

Amazon recently changed its rules regarding qualification for ABR. While the company once accepted a single trademark registration in any country, it now requires an Amazon seller to register its trademark in each country where it wants to obtain ABR.

Consequently, to qualify for ABR in the U.S., a seller is required to register its trademark on the Principle Register of the U.S. Patent and Trademark Office (USPTO). The mark must be limited to a text or image mark, such as a logo. Other forms of trademark registration are excluded.

Trademark registration in a foreign country is no longer acceptable. Sellers that have foreign registrations will need to register their trademarks with the USPTO as soon as possible, as it can takes eight to 12 months to obtain one.

Furthermore, they may need to research their trademark to make sure it doesn’t conflict with prior U.S. trademark registrations, or with other common law trademark rights in the U.S. Common law trademark rights arise when a company uses a trademark in commerce in the U.S. without filing to register the trademark with the USPTO.

Since this process takes time, and potentially could expose previously hidden trademark conflicts, it is critical that sellers start the trademark application process as soon as possible so their qualification for ABR is not lost.

Trademark Creation and Registration

The process of creating, registering, and protecting your trademark can be challenging, but it is critical to the future of your small business.

What is a Trademark or Service Mark

 A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others…

How to Use an NDA

A signed NDA should be obtained prior to any invention disclosure, to keep the invention confidential and prevent theft of the idea.