Amazon Legal Consulting
In order to exclude others copying your products, patents, trademark, and copyright are excellent ideas for anyone selling on web marketplace. Amazon provides “Amazon Brand Registry” to help you protect your brand, and a registered trademark is actually a requirement to join the Amazon Brand Registry. If you’re like many entrepreneurs out there, you probably jumped into the exciting world of selling through Amazon without prepping a legal strategy. That’s where we come in.
We’ll go over the following general questions you may face on Amazon, and help you successfully increase your sales and profits of selling on Amazon.
FAQ
What kind of character can I use in the trademark?
A: “Words, including letters and numbers”, “words, letters, or numbers in a stylized form”, or “drawing which includes words, letters, and/or number”
Here are some examples:
Word Trademark: APPLE, GOOGLE
Pictures/Drawings
Combinations
2. How long could I obtain my registered trademark
A: Normally, it will take 13-18 months for an official trademark registration with the USPTO.
USPTO reviews the application: 4 - 6 months
Responding to the Office Action (unless there are no issues): 6 months
Publication period in the Official Gazette: 3 months
USPTO issues the certificate of registration: 2 - 3 months
Total Timeline: 13 - 18 months
3. What kind of products having the higher risk of taking down by Amazon?
A: The goods potentially violate or infringe a Rights Owner’s intellectual property, such as patent, trademark, and copyright.
4. What kind of products having the natural flow?
A: products with expired patent or products designed around the patented products, products from well-known brand, products having unique design, products having patent
5. How to design around utility and/or design patents?
A: Utility and design patents are two different kinds of patent. One of the important tips is to invent an alternative to a patented invention that does not infringe the patent’s claims. To design around a utility patent, the focus should be on the independent claims. A design patent contains only a single claim which basically says look at the drawings. To get around a patented design, your design needs to be similarly sufficiently distinct such that an ordinary observer would not consider them to be substantially the same.
6. How to handle an IP infringement complaint on Amazon?
A: A strong response for the infringement notice is extremely important. We provide a comprehensive non-infringement analysis which could successfully reinstate your selling products.
7. When do you need to register your copyright?
A: Copy registration is voluntary. Copyright exists from the moment the work is created. However, if you wish to bring a lawsuit for infringement of a U.S. work, you will have to register. Copy registration could not only prevent others copying your design but also could be a support to report infringement on Amazon.
8. When do you need to apply a patent application?
A: You must file your patent application within one year if the fist offer to sell your invention, or within one year of your first public use or disclosure of your invention. Otherwise, your may has risk to protect your invention. Patent could not only prevent others to copy your product, but also could be an evidence to report infringement on Amazon.
9. What are the advantages for Amazon brand registry?
A: Brand Registry users also have a way to assert their ownership. Anyone enrolled in the program can use the Report a Violation (RAV) tool for intellectual property infringement. It automatically kicks other sellers off the listings for this and many other types of claims.
10. How to make money from your intellectual property?
A: Besides protecting others to copy your ideas, you also could license, franchise, and sell your intellectual property. For example, you become the sole supplier of the patented product. When supply is low, you can sell the patented product at a higher price.