An Easy Way Not to Choose a Trademarked Name for Your Business on Amazon

 

Amazon online market is getting more and more popular these days. So, making a brand is a high importance!

First of all, you need to choose a strong name that is not used anywhere and is not protected with a trademark.

All the clients are keen on good items. Creating a good client feedback will help buyers to think that the product you are offering is of a high quality. In particular, it happens when you begin offering more items in one specialized segment. Perceived value of the brand makes your listing more competitive among sellers with the same product as you offer.

 

About branding power

Amazon requires registration of brand`s logo and intellectual property for getting the registry of a brand since April 2017. This will make it less demanding for brands once enlisted to avoid ripping off your listings.

The vice president of Amazon online market Peter Faricy mentioned that if they notice accounts with fake items, they would delete the account or dismiss listings.

Amazon doesn’t allow using a name that is already protected with a trademark for another brand. It is written on the Amazon website, that the ‘Name of Business’ must: precisely recognize the vendor, not cheat or give wrong information and, of course, the vendor should be the only user of it (that means, the name cannot include another brandmark, or invade on any brandmark or any other patent right of anyone).


If you are not keeping the terms & policy on Amazon, they can:

  • Expel your selling benefits
  • Withdraw your items listing
  • Delay using of Amazon tools and reports

Besides, the owner of a trademark can appeal to you, if you use his trademark. It costs a lot to consult with the lawyer and it can possibly make you a bankrupt. Amazon Sellers Lawyer CJ Rosenbaum clarifies three potential outcomes of interrupting.

How can you be sure, that you’ve picked a free brand name or it’s not trademarked?


In the article we will describe the following:

  • The definition of a Trademark
  • Stages of verifying whether the name of your brand is protected with a Trademark
  • Stages of finding out if someone else is using the Brand Name you have chosen

Official warning: You shouldn’t think about the information in the article as of a recommendation. Anyway, if you want to be legal on Amazon, you should consult a lawyer, as far as in the info below, making your work with Amazon easier may be sometimes risky.

 

The definition of a Trademark

What is a trademark?

It’s a device, name, letter, figure or mark used by a merchant to specify and identify items or services he is offering from a manufacturer and point out the ways he has got them.

That’s a swallow. However, there is something else you ought to know about it.

It doesn’t mean that the name has already been trademarked, if a brand has its name. For getting a protected trademark, you should fulfill the blank of trademark authorization first. An authorized trademark is a right of intellectual property, that provides its owner with a unique official right of using a trademark.

There is no need for a brand name to match the spelling for setting up trademark invasion. The brand name can even now be infringed on a trademark or sound/look like an existed trademark that clients expect that a brand and a trademark are connected with the one they know.

For instance, let’s imagine that you pick the brand name Drunkin' Donuts to offer doughnuts with alcohol in it. Dunkin' Donuts will presumably claim to you!

It’s not always clear that a possible name of a brand actually invaded on a trademark. The protection of trademarks is narrowed to the special groups of items and services. Your ‘Fulfilled By Amazon’ item can be in a definitely unexpected group.

Anyway, please, be careful when you continue creating a brand and its trademark. Legal recommendations of lawyers and prosecutions are expensive and you don’t need them at all during creating your Amazon FBA deal.

Of course, all the actions should be planned for a long period of time. Anyway, you are creating a true business. Having any legal cases connected with trademark under consideration can cause some inconveniences when you want to sell your FBA deal after some time. It may decrease the price of your business and give you less money than expected. Save your money for developing and marketing.

 

Here are 3 Stages of verifying whether the name of your brand is protected with a Trademark

Stage 1: Look through the databanks of trademarks for the name you have chosen. You should look through three databanks, if your product brand is protected with a trademark:

USPTO (United States Patent and Trademark Office)
This one is of a high importance for brandmarks of United States. You should check there as soon as you register the first item fulfilled by Amazon on the Amazon online market.

EUIPO (European Union Intellectual Property Office) is a databank of European Community Trademarks. Look through it carefully, if you offer items via Amazon in the European Union.

WIPO (World Intellectual Property Organization)
You won't find a world brandmark anywhere, but this brand identity databank shows local lists of brandmarks and serves as a good place to check the desirable name/trademark on online markets outside the United States or the European Union.

Stage 2: Find out whether it is still relevant that the brandmark you have found is almost the same to your desirable brand name. You can easily and legally use the name, if the time of its using has finished.

Stage 3: The brandmark is still in use? In which group is the brand registered?

There is still an opportunity to use your desirable brand name, if groups of your items are different.

Brandmark match? It would be better for you to choose another name for your brand, if you are not sure that there won’t be any problems with the name you want. The hardest part is behind, if you haven’t found any matches in brandmarks.

Congratulations! But don’t relax now!

 

Stages of finding out if someone else is using the brand name you have chosen

The names of brands are not always listed as a brandmarks. But it would be better for you not to offer your products under the same brand name, chose the alternative. We will tell you why.

The main reason is that the same brand names mislead your possible clients, that can influence the value of a brand. What is more essential, when you offer your products on Amazon with registered brand in the ‘Registry of Brands’, you can be banned from offering products with the same name on Amazon.

Read about Stages of finding out who is also using the brand name you have chosen.

Stage 1: Visit Amazon and look for the brand name you have chosen. Are there any sellers under your chosen name? Please, think about the another name.

Stage 2: Search in Google for the brand name you have chosen. You must be sure, that the name is not already in use. Notice whether your name of a brand gives a result  in the search line. In any case, it doesn't mean that this is a brand name of someone’s products.

Stage 3: Visit ‘Knowem.com’ and look, if the brand name that you’ve picked is already recorded as a name of the domain. What is extremely good for ‘Knowem’, it additionally gives you an opportunity to look for it in all social networks.

Like stage 2, think about the outcomes. Because your image name appears in a domain name, it doesn't mean that somebody gave the same name to his brand.

You are aware of the ways to get to know, if the name you have picked up for your brand is already protected by a trademark or if it was in use.

 

Now you are a lucky one!

You have now demonstrated the name of a brand. ‘There is no need to be worried, if someone possibly demands the property rights or it would be claimed on the ‘Amazon Brand Register’. You would be able to advance, enlist your trademark securely and after that, concentrate on building your image and developing your Amazon business!