The cross-border circle is really magical. Running away, fraud, threats, infringements, etc., all kinds of "tragedies" are staged one after another, but it is always the seller who suffers the most damage. The world is magical, truly magical.
After choosing the product for two or three years, once it exploded and returned to the solution.Foreign-related trademark agents frequently roll over, and innocent sellers are suffering from waves of injuries, which is a wake-up call for all Amazon sellers:if they are unfortunate, the trademark will be revoked, and Amazon will judge that the brand is abused, and the new brand will not be able to file. What should I do? To minimize losses?
About trademark, 2 hot knowledge
Don't panic if something goes wrong, you can get twice the result with half the effort if you understand it first and then act.Regarding the invalidation of a trademark, you must first understand these two basic knowledge in order to better deal with it.
1) Trademarks are public resources
The trademark itself is a public resource and does not belong to anyone.You have successfully registered and obtained the exclusive right to use the trademark. This trademark belongs to you within the validity period; but the trademark becomes invalid due to some reasons (such as: agent explosion, continuous non-use, non-renewal after expiration, etc.); this trademark has returned. In the public resource pool, the seller can change the subject or directly use the original subject to apply for the trademark again.
2) The Trademark Office and Amazon are not synchronized in real time
The Trademark Office system and the Amazon brand registration system are not seamlessly connected, which means that if the Trademark Office has revoked a batch of trademarks, Amazon will not respond immediately because Amazon needs manual inquiry. There is a window period in between, but the window period has There are long and short, sellers can take self-help measures during this window period.
How to reduce losses if a trademark is invalid?
There is no doubt that once there is a problem with the trademark, the store will be implicated. In order to reduce the loss, the seller can respond as follows:
Keep the record of the original brand, and re-apply for the record again.Use the existing problematic trademark to apply again in the US Trademark Office with the same applicant and category. After the acceptance receipt is received, use the new trademark application number to re-file on Amazon.
But it should be noted that:
1) If Amazon takes measures quickly, the brand will be cancelled or abused in the store, and the success rate of the second filing will be low;
2) From the cancellation of the trademark to the re-application and filing, there is a window period in between, and the listing related to the trademark has a certain risk of "changing dogs".
How can I safely apply for a trademark in the future?
If one is not careful, the whole game will be lost; neither the trademark applicant nor the agency can take a chance and madly exploit the loophole.
When applying for a trademark,abide by the trademark application regulations of various countries, entrust formal and professional trademark agencies and qualified lawyers to handle trademark affairs, and do not blindly pursue low prices or fast speed.
1) Choose a regular professional agent
Applicants should understand the relevant information and requirements of foreign-related trademark applications as much as possible. Only by "knowing what they know" can they clearly identify informal agents, select formal and professional agents, avoid "trusted non-humans" and resist risks.
Inquire about lawyer qualifications:
Check if an agency has a bad history:
2) Register on demand, the information is true and valid
Select goods/services based on actual use needs, and provide real and effective application materials.In particular, the US trademark has been severely reviewed in recent years. If the trademark has not been put into use, you can choose to "apply with intent", and avoid using evidence forgery or PS evidence.
Trademark Cancellation FAQ
1) Can a revoked trademark be restored through sub-agent, change of legal person or transfer of ownership?
Can't!Operations such as transfer agency, change of legal person, etc. are only applicable to trademarks that are still in the normal application process. Once the mine explodes, the application process of the trademark involved will be terminated. After the revocation, any measures will be invalid.
2) How to keep the original trademark?
If the trademark is revoked, it is equivalent to invalidation of the previous application process. If you want to keep the original trademark, you can re-submit the trademark application.
3) Re-registered trademark, can I still use the same application subject?
If the trademark is revoked due to a problem with the attorney's qualification or the agency's operation, and the trademark application data itself is fine, it is only necessary to replace the qualified agency and resubmit the trademark application.
4) Is there a risk of cybersquatting after the trademark is revoked?Does it lead to abnormal brand registration?
The U.S. trademark application is based on the principle of prior use. Even if malicious squatting is encountered, the seller can file an objection application against the suspected malicious squatting trademark with real and effective evidence of use, and stifle the squatting trademark. Therefore, sellers should strengthen monitoring and detect early. intervention.
Since there is a certain window period between the revocation of the trademark and the action taken by Amazon, your original brand registration will not be revoked immediately. In this case, it is recommended that you re-apply as soon as possible in order to re-register.
Amazon's policies are tightened and the US Trademark Office's review is becoming more and more stringent. The road for cross-border sellers to go overseas is bound to become more and more difficult, but as long as they do a good job of compliance, it will be a lot smoother!
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