Hi, It’s Paul Rafelson, attorney for all things Amazon eCommerce & law.
I hope this message finds you thriving in your Amazon business. At Rafelson Law PLLC, our team of attorneys are not just here to support you legally; we’re also here to ensure you’re informed and empowered to make the best decisions for your brand.
Did you know that your brand’s protection goes beyond just its main logo or name? It’s a common misconception, and we’re here to set the record straight.
🔍 Understanding Unregistered Trademarks
Most Amazon sellers believe that registering their primary brand name is the end of the trademark journey. But, in reality, it’s just the beginning. Your brand is more than just its name; it’s an identity, a promise, and a reputation all rolled into one.
Here’s what often gets overlooked:
- Logos for Product Lines: If you have specific logos for different product lines or collections, they too need safeguarding.
- Variation Names: Those unique names you’ve given to different product variations? They’re integral to your brand identity.
- Common Law Marks: Symbols, names, or phrases you use consistently can be considered your intellectual property, even if they’re not registered.
- Slogans: Last but not least, that catchy phrase you’ve been using in your marketing campaigns? It’s part of your brand and deserves protection if possible.
🔐 Ensuring You’re Not Infringing on Others’ IP
The risk of inadvertently infringing on someone else’s intellectual property is not to be taken lightly. If your logos, variation names, slogans, or other marks overlap with existing trademarks, it could lead to the shutdown of your ASIN, halting your sales and disrupting your business.
Beyond immediate sales impact, legal disputes and significant financial liabilities could follow. Remember, claiming ignorance won’t shield you from consequences. Actively reviewing and comparing your brand elements against existing trademarks is a critical step in avoiding these pitfalls and ensuring the longevity of your Amazon business.
🚫 The Risks of Overlooking These Elements
Imagine you’re ready to exit your business, and a potential buyer is interested. Everything seems perfect until they ask about your intellectual property. If you can’t represent that you own all aspects of your brand, the deal could fall apart.
Not having comprehensive trademark protection can:
- Reduce the value of your business during an Exit.
- Leave you vulnerable to competitors who might want to use similar slogans or variation names.
- Result in costly legal battles to claim ownership of unregistered trademarks.
🛡️ How to Safeguard Your Brand
- Audit Your Brand: Take a moment to list down every product name, variation name, logo, slogan or any other marks you use regularly.
- Consult with your Attorney: Discuss how you can protect these elements, either through registration or by establishing common law rights.
- Stay Informed: Intellectual property laws and Amazon’s policies evolve. Stay updated to ensure you’re always protected.