CJ Rosenbaum and David Miller, one of our associate lawyers here at the firm, helping private label sellers all over the United States and abroad.

Brand Protection for Private Label Sellers: Top 5 Issues

#1. Registering your Trademark: Essentially for trademark law, you do not have to register your rights to be protected. Once you are selling the products in commerce and the products are in use, you have trademark protection. This is one of the major differences between U.S. law and Chinese law. U.S. law is first to use, and Chinese law is first to register a trademark. You should still file your mark in order to establish protection.

If you’re a seller and develop a mark, go to USPTO.gov to fill the application out yourself. If the application gets rejected, you will receive an office action.

#2. Why Register a Trademark? It is easier to enforce your rights if you have an approved trademark. When you cannot resolve issues with Amazon, you can file to have disputes resolved via Binding Arbitration. If you don’t have an actual registered mark, it is difficult to defend.

#3. Cease and Desist Letters: We reach out to all hijackers on Amazon and we give them a chance to amicably resolve the situation before we file a complaint.

#4. How to Report Infringing Conduct: After a Cease and Desist letter, a lot of times we will get a response and they will remove the listing on their own. However, if they don’t answer or remove the listing, we will take it to Amazon and file a report of infringement. There are a few different ways to file the report to Amazon. One is the report infringement page.

#5. If you’re going to file your own complaints, stay away from the word distribution or authorization or anything in that regard. Amazon will sometimes see those words and then throw out the significant complaints.