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What you need to know about e-commerce brands

What You Need to Know About e-commerce brands

You need a brand for your ecommerce business? Protecting your online reputation and earn the trust of your customers are an important part in creating your business. In the US, it is easy to start using a brand (for products) or trademark (for services). In fact, you can do it in just three steps or less.

The trademarking (process to register a trademark) begins with (1) determine whether your brand or logo is eligible, (2) decide what level of protection is appropriate for your business, and (3) possibly register the trademark in the Patent Office and Trademark
(USPTO). First, let’s review the basics of trademarking in the United States:


According to the US Patent
and the Department of brand: “A trademark includes any word, name, symbol, design or any combination, intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller of manufactured or sold by other products, and to indicate the origin of goods. ”


Similarly, the site defines a trademark as “any word, name, symbol, design, or any combination, intended to be used in commerce to identify and distinguish the services of a provider of services provided by third parties and to indicate the source of services. ”


E –
commerce merchants can think of brands – as a way to protect trademarks, slogans, slogans or logos – especially trademarks.


There are essentially two categories or types of marks enshrined in the US – registered and unregistered.

Unregistered trademark: It can be used by any company, assuming it is eligible to be a trademark. To identify an unregistered trademark, simply place the trademark symbol (™) after or brand name, advertising slogan or graphic design. Seriously, that’s all you have to do.

The display unregistered trademark symbol associated with a website, in emails, on invoices and delivery notes constitutes use.
That is all that is required for unregistered trademarks in the US


In the case of a dispute over a trademark, the company that first used the brand will win in most circumstances.

Trademark: It is recognized on the Principal Register US and may have some advantages over an unregistered trademark. For example, a trademark provides a legal presumption of ownership, which can be helpful in case of a trademark dispute. The trademark makes it easier to defend against imitators. And the registration of a trademark in the US It can help if you want to extend the brand to other nations. US registered trademarks use the trademark symbol (®).

Most small businesses should at least have the company name, the name of the website and any key slogan for unregistered trademarks, adding the trademark symbol (™) beside them and name them
as marks footer on the site or page.

The real question is do you need a trademark? For most small e – commerce merchants the answer is probably no. Add the trademark symbol (™) as described above should provide adequate protection.

There are several very good reasons, however, for the registration of a trademark:


In all these cases, having a registered brand may help.
Take for example the case of finding investors: generally considered a trademark has a monetary value, whereas an unregistered trade mark does not.



The process of registering your company name or logo, should take about ten minutes or less for a non –
registered or about an hour for a trademark brand. Both brands share the first two steps in common.


Before using a brand name or slogan, it
is important to know whether the name is not eligible for registration in the United States. The Patent and Trademark Office US (USPTO) does not allow the marks are descriptive, generic, or that may lead to confusion.


As an example, the USPTO may reject an attempt to use “Appl” or “App-L” as a trademark for a company selling electronic goods because the name could be confused with Apple.


Similarly, the USPTO may reject a brand name as “online store” or “shop Hat” because these are the generic names of the category or type of business.


Visit the USPTO Trademark Electronic Search System (TESS) to help you determine whether or not you register your property.
Moreover, it is a good idea to use Google, Bing, or other search engine to find other unregistered trademarks similar to yours.


If your brand is eligible and there is
no similar marks already in use in the industry, you can start using it. In fact, the first step in protecting a registered trademark in the United States is actively using it.


Start adding the trademark symbol (™) immediately on your ecommerce store and website.
This is often done in the footer and documents or emails you send to customers. Look at the bottom of this blog have a mark on one of our mottos: “A shop in a matter of minutes, a business for life”.



If you think you need extra protection to register your brand want to
spend to step three. Otherwise, it’s done. You have successfully begun protecting your brand, slogan or logo in the United States.


You can register your brand through online application called
Trademark Electronic Application System (TEAS) .

TEAS includes several forms, starting with the initial application.
You need to know what “class” business or brand is based on over 1,400 classes USPTO accepted. For example, many online retailers are class 035. To help, The USPTO has a
search tool class description .

You also need to
know the basic information about your business, including its legal structure and brand. And in the case of logos or designs, you need examples that can be charged.


TEAS offers a
PDF preview your form online . This form can not be used to actually submit the application for registration, but it is very useful for the preparation before starting the online application process.

The fee ranges procedure are $ 275 to $ 325. You must also consider that the USPTO can take six months or more to complete the registration process, so be patient.


Good item for which we are about to
begin.


I have the following question, I checked my new brand in Dominican Republic to market online clothing through Shopify, and I have also my bank account in US, other legal requirements which need to start?


Note: My manufacturer (supplier) is in US


I welcome
your comments


Thanks


Apply the same for Mexico?


Hello Angelica.


To be more specific about the requirements needed to register a trademark in Mexico, we share the following post:


http://es.shopify.com/blog/48470533-cual-es-el-proceso-para-registrar-una -mark-of-trade-in-mexico-mail


greetings.



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