commerce

What is a Trademark?‍

While driving down the road, you might recognize that a McDonald’s is approaching your line of sight by identifying the infamous “golden arches” at the forefront of your dashboard. With this iconic symbol pinned at nearly every intersection, it is difficult not to recognize the fact that McDonald’s has some pretty serious brand establishment. 
‍

It is no easy feat to accomplish this type of remunerative stature, however, the process of protecting a brand’s identity is a great way to start. Submitting a trademark application is one of the first things a business can do to establish an economic profile and jump start a brand’s identity. 

The word “trademark” can refer to both trademarks and service marks. The United States Patent and Trademark Office (USPTO) defines a trademark as a word, phrase, symbol, design or a combination of any of the aforementioned that defines goods or services. This is how consumers are likely able to identify a brand from other potential competitors and can also protect a business from its economic rivalries. 

With that said, any business entity or individual can apply for a trademark. It is an essential part of protecting a company’s intellectual property and can emphasize the marketability of a business.

Filing a Trademark Application

During the process of filing a trademark application, the mark will be evaluated as to whether it is registrable, and how difficult it will be to protect. After this has been determined, the application will be submitted to the USPTO for review and approval. 

From this point forward, the proposed mark will live in the Trademark Electronic Search System (TESS) while awaiting review. TESS is a trademark database that allows anyone in the world to search for trademarks that have been registered or applied for in the United States. This platform is used to show the public what trademarks are currently awaiting registration, and which of those already have a registered status. This also give entities a closer look into the current climate of what companies are looking to register as their own mark. 

Such as any publicly searchable database, TESS provides a great deal of public exposure to pending trademark applications, which can be a huge topic of concern for high-profile companies. Big fish brands have to go through the same process of filing a trademark application just like any other business, so a considerable amount of time, strategy and analysis goes into selecting the best course of action for submitting a trademark.‍

Concealing a Trademark Application ‍

Recently, companies have gotten more sophisticated with how they approach submitting their trademark applications. With society’s ever-growing concern for the next big product, it has become harder and harder for brands to mask their newest creations inside the world of the internet, thus requiring concealment. The most recent example of a successful trademark concealment can be found in Apple’s latest addition to their tech roster, the iPhone 14.

September 16, 2022 marked the release of the new and improved iPhone 14, with some pretty distinctive upgrades. Most notably, what was once was a thick black indent on the top of the screen is now an interactive touch bar titled the Dynamic Island. This new upgrade allows the user to engage with the screen in a multitude of variations that are not privy to older iPhone generations. 

Apple is no stranger to trademarks, so it can be assumed that their strategy on filing certain trademark applications is razor sharp. The submission of the Dynamic Island trademark was kept well under wraps without an inkling of potential for pre-exposure, and many ask how this was possible given the highly anticipated launch of the tech giant’s newest addition to the iPhone dynasty. 
‍

This concept of concealing trademark applications to prevent pre-exposure has become an increasingly used tactic amongst many big named brands. TESLA is another example of a very established company that utilizes this tactic to conceal their latest and greatest trademark. Other companies use this approach to prevent competitors from searching for technology gold.

With that, there are certain strategies you can implement into a trademark application to prevent the general public from viewing and potentially replicating a mark. Trademark concealment is most commonly utilized when a brand wants anonymity during the process of waiting for a trademark registration, which has consistently been met with success. This is accompanied by using foreign priority rights to keep the trademark filing a secret. 
‍

What is Section 44(d)?

‍
Section 44(d) of the Trademark Act has allowed companies to jump over the hurdle of having their trademark applications displayed in the Trademark Electronic Search System by filing their trademark application in a foreign country such as Jamaica, or in any other country that does not have an online database viewable to the public. If someone wanted to view the recent trademark applications in Jamaica, they would need to go the physical Jamaican trademark office. This provides an extra layer of effort and determination for scouters to cross through in attempting to leak a mark. 
‍

Now, subject to scrutiny and public opinion, this loophole does not have a very long shelf-life. If a company intends on having their mark registered with the United States Patent and Trademark Office, it is required that trademark applicants file with the U.S. claiming priority to the trademark within 6-months of filing the foreign application. Given the fact that the majority of brands use this tactic to prepare for the release of major products, the concern of the concealment lifespan is marginal to most. 
‍

Section 44(d) gives companies practically 6-months of secrecy to prepare for any necessary actions before the trademark is officially released as public record in the U.S. Whether that be a media event or a soft social media launch, it is imperative to a business that their secrets remain well hidden- and rightfully so. 
‍

Conclusion ‍

This is an extremely useful way for brands to maintain the integrity of their most prized trademark applications, and a beneficial tool to utilize when there is concern over competitor poaching. If this alternative did not exist, some of our most beloved products might not be what they are today. 

The protection of your trademark is one of Lloyd & Mousilli’s highest priorities. Our seasoned legal counselors can provide you with the necessary tools required to file a successful trademark application and maintain the integrity of your intellectual property.

Brand Protection in E-Commerce and Your Amazon Store

In the e-commerce space, especially on Amazon's hyper-competitive marketplace, the available options are limitless for the consumer. There are endless amounts of products available from anywhere at any time, which is why brand identity is critical to stand out.

Considering the tremendous amount of e-commerce companies and Amazon sellers, there is always the possibility of infringement. This is why it is important that the consumer knows exactly who they are purchasing from.

What is the Amazon Brand Registry?

The Amazon Brand Registry is a program that assists brand owners in protecting their intellectual property on Amazon. The most pertinent feature in this context is its Project Zero Program. Once infringement is proven, the program allows you to blacklist those infringing users.

The competitiveness of Amazon.com is why establishing a distinguished brand identity among legions of sellers is more crucial than ever. As an Amazon Brand Registry member, achieving standout brand recognition and brand awareness not only enriches the shopping experience but also fortifies your defense against patent infringements. This ensures that your brand can navigate the complexities of Amazon with confidence, preserving a strong reputation.

Joining the Amazon Brand Registry brings a wealth of benefits, crucial among them enhanced brand protection and heightened brand awareness among customers. Utilizing the tools Amazon provides, such as Brand Registry accounts and the Amazon Vine program, you can markedly advance your brand-building and make your customer journey more memorable -- with sound legal protection.

Why is Amazon's Brand Registry important?

A popular seller on Amazon is bound to attract infringing parties who seek to capitalize on that brand’s reputation and loyal customer base. The infringing party may produce subpar products and deliver poor customer service. This can result in financial loss and a damaged reputation for the true brand. A trademark registration, however, gives the Amazon seller recourse to take action against the infringing party.

Establishing a trusted brand that customers will return to is key, and the first step is to ensure that your brand identity is protected by a trademark registration. This will safeguard both your brand’s identity as well as your customers from infringing parties. Joining Amazon's Brand Registry gives you the ability to report those infringing listings to keep your brand safe, and your customers satisfied.

For active Amazon sellers, it's key to meticulously manage your brand identity with robust brand protections, especially through trademark registration. By engaging in the Brand Registry program and integrating with the available ecommerce software solutions to protect your reputation and monitor your IP, you empower your Amazon business amplifies brand presence and significantly refine the customer experience.

How do I create a Brand Registry Account?

To be listed on the registry, your brand must have an active, registered trademark through one of the following government trademark offices:

• United States
• Brazil
• Canada
• Mexico
• Australia
• India
• Japan
• France
• Germany
• Italy
• Spain
• Netherlands
• Turkey
• Singapore
• Saudi Arabia
• Sweden
• Poland
• United Kingdom
• European Union
• United Arab Emirates

Once you’ve obtained a trademark registration, you may apply for the registry.

To qualify for Brand Registry enrollment, your registered trademarks must be acknowledged by the United States Patent and Trademark Office (USPTO) or international equivalents. Approval unlocks improved brand visibility on Amazon product pages and a more effective reputation management strategy, thus potentially boosting sales for registered brands. Moreover, the program aids in product authentication and building customer trust, placing your brand in line with Amazon's top-class brand positioning.

How do I obtain a trademark registration?

Applying for an E-Commerce Trademark:

Obtaining a trademark begins with filing an application. Lloyd & Mousilli specializes in intellectual property and can assist you with the trademark application process from start to finish. We will guide you through the process of crafting a goods and services description and selecting appropriate evidence of use. Additionally, our seasoned attorneys are well equipped to advise you on overall IP strategy.

Click here to book a free strategy session with a member of our trademark team.

Can I join Amazon's Brand Registry if my application is pending?

There is a loophole that allows some sellers to apply to Amazon’s Brand Registry even if their trademark is not officially registered yet. Sellers in the United States, United Kingdom, Germany, and India are eligible to apply to the registry while their trademark is pending in the application/examination phase. This is especially advantageous considering the registration process is currently averaging 8 to 12 months for United States applicants.

If you are in one of the above mentioned countries, your brand is eligible to apply to the registry as soon as your trademark application is pending.

Benefits of Amazon Brand Registry

Want to protect your brand and boost sales on Amazon.com and other Amazon Marketplaces? The Amazon Brand Registry empowers sellers with tools for brand protection, enhanced content, and powerful marketing opportunities.

By enrolling, you establish a Brand Registry account and gain access to tools that safeguard your brand identity. Combat counterfeit products, maintain an excellent Amazon reputation, and ensure that products customers find on Amazon product pages – including your own multi-page store – are authentic.

Amazon Brand Registry unlocks a range of benefits for Brand Owners, including:

• Enhanced Brand Protection: Fight back against patent infringements and unauthorized resellers. Utilize the Amazon Authenticity program, safeguard your product listing, and build customer loyalty. Active Amazon sellers know that the Brand Registry helps ensure customers find authentic items, not fakes.
• Boost Sales with Increased Visibility: Optimize your Amazon product listings with rich content and enhanced visuals. Attract new-to-brand customers with your own Brand Store, improve your brand positioning in Amazon Search results, and drive traffic to your online storefront.
• Powerful Marketing Features: Access exclusive tools like Amazon Brand Analytics to run reports, understand shopping trends, and know your customers better. Leverage Display Ads, Amazon Attribution (to track off-Amazon ads), and Sponsored Brands Ads to reach more shoppers. The Brand Registry helps you take control of your marketing channels.
• Dedicated Brand Registry Support: Get help from Amazon experts to navigate the platform, address any issues, and make the most of your Brand Registry benefits. They can also help you understand sales trends better.

Features of Amazon Brand Registry

The Amazon Brand Registry provides sellers with access to a powerful suite of tools and reports to manage brand identity and drive growth as a vendor:

• Brand Registry Portal: Your central hub to access exclusive tools, report infringements, manage your brand registry data, and track performance across all country-based Amazon stores. It’s also where you’ll manage multiple brand registry accounts if you have them.
• Amazon Brand Analytics: Gain insights into customer searches, get a deeper understanding of competitor products, and analyze your brand's key performance metrics. You'll get closer to knowing what customers are searching for before they make a purchase.
• Reporting Tools: Monitor your product sales, track brand performance through the main Brand Dashboard, and receive valuable customer feedback. This all contributes to better reputation management.
• Additional Features: Benefit from the Amazon Transparency Program to maintain your seller reputation. Use Product Serialization – assigning a unique code to each product – to protect against counterfeits. Leverage the Amazon Attribution console for more effective ad campaigns and targeting.

Common Challenges in the Brand Registry Process

Navigating the Amazon Brand Registry process can present challenges for a new seller. Here are some common hurdles and how to overcome them:

• Trademark Issues: Amazon Brand Approval requires a full trademark certificate from a source like the United States Patent and Trademark Office (USPTO). Understand their trademark registration requirements, get your utility patent or copyright from the United States Patent and Trademark office, and ensure your trademarks are correctly registered before you apply. A thorough, informed trademark search through the United States Patent and Trademark Office (USPTO) database can help you avoid trademark disputes before you even apply. While you can go it alone, the experience and nuance of an attorney can help you avoid pitfalls.
• Application Rejections: Incomplete brand registry applications or trademark issues can lead to rejections. Thoroughly review Amazon policies and seek Brand Registry help from Amazon Support if needed.

Best Practices for Maintaining Brand Registry

To make the most of your Brand Registry membership:

• Regularly Update Brand Information: Keep your Brand Page, product listings (including Amazon Product Detail Pages), and brand name information up-to-date and accurate. An attractive brand page will catch the eye of Amazon customers. Respond to Amazon reviews and customer feedback. This ensures a good shopping experience and strengthens your brand's presence.
• Monitoring and Addressing Infringements: Use the tools provided by the Brand Registry to monitor your Amazon Store for unauthorized sellers and counterfeit products. Be proactive in protecting your intellectual property.
• Engage with Amazon Support: Utilize the resources available through the Amazon Transparency program, the Amazon Vine program, and don't be afraid to contact Amazon Support with questions or to report infringements. They offer several brand registry benefits and can provide the ultimate guide to Amazon success.

As a vendor, manufacturer, or brand, by following these best practices, you can effectively increase brand awareness and protect your intellectual property, which includes trademarks, copyrights and brand names. This will lead to greater brand recognition while you enhance brand visibility and drive sales on Amazon and other marketplaces.

How Lloyd & Mousilli Can Assist with Brand Protection in E-Commerce

The Amazon Brand Registry enhances your brand presence. Amazon business owners like yourself can skillfully navigate marketing channels knowing your vital intellectual property has the foundation of Amazon safeguards.

Protecting your intellectual property is critical to maintaining your brand's identity. Our experienced counsel can guide you through the trademark application process to ensure you have the greatest likelihood of achieving registration. We are well-versed in the Amazon Brand Registry process and are ready to help you claim your place on the registry.