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European Union Trademark (EUTMs) filed after January 1, 2021, do not automatically cover the UK. You will need to file a separate trademark application with the UK Intellectual Property Office (UKIPO) to have protection in the UK.
As of the current requirements for Amazon Brand Registry, having an active registered trademark is mandatory. But good news! Brand Registry can be obtained during the trademark process.
1) Report a violation: Use the following methods to report any violations:
a) Report a violation tool: This tool is available to Brand Registry participants. You can report:
-Trademark violations
-Unauthorized use of your brand
-Copyright infringements
-Product condition issues (e.g., counterfeit products).
b) Contact Amazon Seller Support: If you are not enrolled in Brand Registry, you can still report issues by contacting Amazon Seller Support directly through your seller account.
2) Provide Evidence: When reporting a violation, provide comprehensive evidence to support your claim:
-URLs of the infringing listings
-Detailed descriptions of how your intellectual property is being misused
-Supporting documentation, such as trademark certificates and photos of your legitimate products.
3) Send a Cease and Desist Letter
You can send a cease and desist letter to the offending seller. This formal notice can often prompt the infringer to stop their activities. It's recommended to have a legal professional draft this letter to ensure it's properly formulated.
4) Legal Action
If the misuse continues or is particularly damaging, you may need to take legal action:
-Consult an attorney: A lawyer specializing in intellectual property law can help you understand your options and the best course of action.
-File a lawsuit: In extreme cases, you may need to file a lawsuit against the infringer to protect your brand.
If you file a combined application that includes your slogan, logo, and graphical elements as a single mark, you will only need to pay one filing fee. This approach can be cost-effective. However, the downside is that the protection is limited to the exact combination of elements as filed. If you change any part of the combination (e.g., update the logo or slogan), you may need to file a new trademark application.
Trademark applications can be refused for a variety of reasons. Here are some common reasons why a trademark application might not be approved:
1) Likelihood of confusion reason: Your mark is too similar to an existing registered trademark or a pending application for related goods or services. Example: If you try to register "Starbux Coffee" for a coffee shop, it could be rejected due to its similarity to "Starbucks."
2) Descriptiveness reason: The mark merely describes a characteristic, quality, function, or feature of the goods or services. Example:Attempting to trademark "Fresh Apples" for a brand of apples would likely be rejected because it directly describes the product.
3) Generic terms reason: The mark is a generic term for the goods or services. Example: Trying to trademark "Computer" for a brand of computers would be rejected because it is a generic term.
4) Deceptiveness reason: The mark is misleading or deceptive about the nature, quality, or geographic origin of the goods or services. Example: Registering "California Oranges" for oranges grown in Florida would be deceptive.
5) Geographical significance season: The mark is primarily geographically descriptive or misdescriptive. Example: "Napa Valley Wines" for wines that are not produced in Napa Valley would likely be rejected.
