Trademarks are valuable business assets that drive sales, create consumer loyalty that drives repeat business, and allow businesses to easily expand into new markets, niches, platforms, and products. Just like traditional businesses, e-commerce businesses need trademarks, and it is beneficial to hire trademark lawyers who also have deep knowledge and understanding of the e-commerce “space” and of e-commerce businesses.
At Revision Legal, we love helping e-commerce businesses thrive because we ARE an e-commerce business. We have deep experience and success helping e-commerce businesses and have a similarly deep experience with trademark protection and litigation. Here is some basic information on trademarking for e-commerce businesses.
What are trademarks and why do you need them?
In simple terms, trademarks are words, phrases, designs, logos, marks, or other things that identify a specific business as the commercial source of a given product or service. Trademarks function as trademarks if seeing them — or even hearing a description of them — brings to mind a company and/or a product. For example, if you hear the words “golden arches,” likely you are reminded of a certain company and its line of food products. That is what trademarks do for a company, and that is why your e-commerce business needs trademarks.
How do I get a trademark?
Once established, they can be bought and sold. But, for most, the “start” of a trademark is creative action. That is, your e-commerce company creates your trademarks through in-house creative action or by hiring a third party to create new trademarks. The latter is often the method used for creating unique logos and designs that are eventually used as trademarks. Many word or phrase trademarks flow from the name of a company or product/service being provided.
It is important to think of trademark creation as an interactive process involving trademark clearance searches. That is, a trademark must be unique and not already in use. When a trademark creative idea is proposed, the next step is to do a clearance search. If there is already a trademark that is confusingly similar to the proposed trademark, it is time to “go back to the drawing board.” You need experienced trademark attorneys because the question of “confusingly similar” is legally and factually complex.
What is trademark registration?
Once you have a trademark that has been cleared through at least one in-depth clearance search, the next step is registration. You can register a trademark with the U.S. Patent and Trademark Office (“USPTO”) as an existing-in-use trademark or as an intent-to-use trademark. Basically, official application forms are completed (online), fees are paid, and specimens of use (or of intended use) are submitted to the USPTO for evaluation, publication, and decision. If registration is approved, you will begin using your trademarks on your products, listings, emails, web platforms, packaging, shipping materials, billing, etc.
Legal benefits of e-commerce trademarking
One of the benefits of e-commerce trademarking is the ability to prevent your competitors from using your trademarks on their products/services. This is called trademark infringement, and infringers are subject to lawsuits and substantial monetary damages. You also have the right to send “take-down” notices, which can help prevent piggybacking and hijacking of sales listings. Trademarks also give you various priorities of use with respect to domain names and the like. Registration of trademarks adds another layer of very significant legal protections. These include enhanced potential damages in trademark infringement litigation. Registration also assists customs and border controls in preventing piracy and the importation of counterfeit goods.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
