Do you need to register a brand / name before selling on Amazon?
I am considering selling on Amazon and have an idea for a Brand / Trade Name.
If someone else is selling under that name on Amazon, but has not officially registered their brand name with the patent/trade mark office can I still sell under the same name on Amazon?
If I registered the brand / trademark would I then be able to sell after obtaining the correct IP protection.
Thank You
David
3 replies
Seller_2BrPSydGy6oyq
Registering a Brand with the IPO means you own a brand name and anyone using that name would infringe your TM name, however it does not give any rights over the product you apply your name to, unless you own rights to the product, or have permission/agreement to use your name on the product and the brand name is imbedded on the product.
If listing an exact identical product that has a sellers name as the manufacturer, but is not an IPO registered TM and no branding on the item, then there is nothing to infringe on rights, but best to make a test purchase to verify it’s not branded.
Seller_5ia3Q2YxXVCxe
You can sell without a ‘trade mark’ on amazon. - but then anyone can list against that product.
If you have a TM you can apply for brand registry on amazon.
If if you officially trademark a brand, apply for Brand Registry on Amazon, and get that, then you can create your listings using that Brand Registry name, and theoretically NO-ONE else can list under that brand unless you give permission.
We’re doing this at the moment, but our TM hasn’t yet been granted, so we cant apply for Brand Registry yet - it takes 3 - 4 months to get the TM.
Actually, I THINK that people can list against your product even if it is ‘brand registered’ and you then have to request they are removed, but I don’t know that for sure. I only say that because we’ve listed under someones brand registered product (without realising as its actually generic item but they have TM’s the so called brand) and been told to remove it.
Seller_DJCaLsroslyPV
If you attempted to register a name that someone else is using but hasn’t gone to the bother of actually registering, then you simply face the risk of them challenging you when you try to TM it yourself. If they can prove precedence in use of the name, then you’ll lose that battle.
You need to be real careful when registering TMs.
If you attempt to register a TM and it is challenged, you have the option of stopping immediately and just losing the fees paid thus far, or you can proceed. If you proceed and lose, the other party will automatically be granted ‘costs’. If you think normal lawyer fees are extortionate, then just wait until you step into the realms of IP litigation.
The lesson… don’t attempt to register anything that is remotely close to an existing TM. If you were a big company with bottomless funds then maybe, but for a small business the costs if things go south make it really not worth it.
If you want a TM, just come up with something that’s not anywhere near an existing one, and you’re much more likely to succeed without challenge.
Good luck with whatever you decide.
