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Trademark Right Now!
By ZonSupport | Posted on January 22, 2018| BlogHere is a further update on Trademarking from our original post in September 2017. The benefit of a Trademark and eligibility for Brand Registry now even impacts how your listing displays on mobile (where around 50% of sales are made).
You have zero choice – you must start on your Trademark journey right now! Actions you take today will not result in anything useable for at least 8 months assuming you get approval without any challenge along the way.
Let’s focus on the US which is where most Amazon seller’s start.
Will it cost, yes – a minimum of $475 including the $275 application fee. Can you do it yourself? Sure, if you’re the type of person who drives around with zero insurance…not even Third Party! Why would you take such a risk?
Even if you only value your time at $20 an hour, do the math. Find the form, watch some You-Tube video’s, spend hours talking to unqualified people in FB Groups who really don’t know any more than you and 20 hours will disappear plus some.
Oh, and did you do all the searches to find out if someone is already using your name or something closely aligned which may challenge your right to the mark at some time in the future?
It’s this sort of ‘unknown’ that can trip you up. This is why you pay for a professional to make sure you’re as bulletproof as possible.
When should you start? Well, just remember your Chinese suppliers are business people. Here’s a true story…
Seller ordered products labelled with a very unique name, shipped them to the US and then thought he’d better get on with trademarking. He was a DIY’er, went onto the USPTO site to start the process and you guessed it – his supplier had already registered the name, just 3 days earlier!
If you have a throwaway idea for a brand as in you’re just having a play on Amazon to see how you get on then fine. Roll with it and if anything happens so be it.
But, if this is a brand name that you have every intention of building into a serious online business, then don’t use it until you have started the Trademark journey. It’s that simple.
I hesitate to get into any of the technical side of this, but by way of example Amazon aren’t accepting all trademarks e.g. logo’s unless they contain the name of the brand. This is a recent change to their original ruling that they would only accept word trademarks.Â
What’s that all about? Well, I guess it’s much easier for artificial intelligence to work on letters and numbers than fancy lines. There is no interpretation required e.g. does it look similar enough to the Nike swoosh to infringe. Letters and numbers are a very clear pass/fail.
Might this change again, yes. Do we know when, no. Another very good reason to use an attorney who specializes in this area so if there’s a change will have your back.
Recommendation… sure. Use Jeremy Peter Green and his law firm, JPG Legal. His website has an online form that asks for all the information he needs and has secure payment options. He has three trademark filing packages with pricing based on the level of service needed. You can find out more about him and decide whether you want to hire him at his website here: https://jpg.legal/tm
Mention ZonSupport and you’ll be extra well looked after and also get 10% off his fees. I like his no straight up no nonsense style and he has done great work for our clients.
We’re all about being a trusted resource for Sellers. He sure ticks all the boxes for us. Specialist in his area, lots of Amazon experience, solid track record and results focused.
As always, ask us anything. If we don’t know, we’ll know someone who does!
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