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Recently, more and more sellers are concerned about Amazon filing matters. Because a brand is an invisible asset of an enterprise and a kind of right, and the most direct benefit is to help sellers strengthen their control over their listings and prevent follow-up sales to a certain extent.

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1. What is a corporate brand

According to Amazon’s filing requirements, the brand is equivalent to the company’s trademark.

In addition to having its own trade name, a company also needs a unique trademark display to represent corporate culture and products. The effect of the brand on the market will be concentrated in a symbol (namely trademark), representing the corporate cultural power.

Trademarks including text, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can apply for registration.

2. Trademark application time

Trademark application takes a long time. Due to the different laws and regulations of various countries, it can take between 6 months and two years. However, as long as the merchant obtains the trademark acceptance notice on Amazon, it can be filed, thus extending the protection period of the enterprise .

How to reduce the risk of trademark application and protect your own exclusive trademark rights?

The trademark application is highly professional, and the focus is on preventing risks. Sellers should pay attention to the following points when applying for a trademark:

(1)A preheating inquiry is required when submitting an application

The professionalism of the inquiry represents the success rate of trademark registration, and the purpose is to prevent the duplication of trademark design and avoid third parties from filing objections. However, there are few tools that can actually confirm the uniqueness of trademarks, and applicants cannot effectively reduce the risk if they make their own searches.

In particular, it needs to be emphasized that due to the lag in updated data by the Trademark Office and the differences between Chinese and English translations, it is more difficult to search for similar trademarks on their own; and most foreign countries implement the principle of prior use, such as the United States, domestic companies cannot Understand the situation of all foreign trademarks first used.

This increases the risk of opposition after a trademark application. Similar trademark search is an important link in reducing application risks and must not be ignored.

(2)Be cautious when responding to trademark oppositions

Generally, if the application for a trademark is successful, the registration can be successful after the trademark is publicized. However, because the risk of trademark registration cannot be eradicated, the applicant must reply in time during the period of trademark opposition.

The Trademark Office has relatively high requirements for applicants’ responses, generally requiring a response to legal documents that provide evidence of use, a detailed description of the trademark, and a different description of the proposed similar trademark.

Because the documents are highly professional, the Trademark Office only recognizes documents provided by local specialized lawyers or relevant qualified firms.

According to feedback from relevant personnel in the process of handling trademark applications, some customers responded to the Trademark Office by themselves because they did not submit the certification documents that needed to be issued by lawyers, which led to the trademark registration application being questioned.

These trademarks were then transferred to the enterprise management consulting company for repair and follow-up, which caused the registration time and cost to increase.

It can be seen that in addition to the preparation of the preliminary work for applying for a trademark, the follow-up is also a very important link. Whether the trademark can be successfully registered and whether the corporate brand is recognized depends on the close follow-up of this link.

(3)Don’t believe that trademark registration covers services

This recommendation is associated with the risks mentioned above. The editor hereby reminds all sellers that whether a trademark application is approved by the Trademark Office, the Trademark Office can make a final decision based on the results of the query and the results of the publicity.

The work done by the trademark registration company in the previous period to exclude similar trademarks only minimized the trademark risk, and could not eliminate the risk.

In addition, changes in overseas policies and the existence of pre-used trademarks are also important factors affecting the successful registration of trademarks.

When choosing a trademark agency, enterprises or individuals should not be greedy for petty gains and choose unprofessional agencies for overseas trademark applications.

This article is reproduced from State Reading Network.

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Post time: Oct-30-2020