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Written by : Len Cristy |
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are you a business owner who relies on the internet and alexa for information about your situation or your struggles or your legal problems well today i want to do a fun little experiment and i want to introduce you to someone that you probably have heard about already here's my friend alexa alexa say hello hi there so to put alexa to the test we're going to ask her a couple of questions about trademark love let's see how she does by the end of this video i want you to rank her 10 being the best and one being maybe i should talk to a trademark lawyer so keep watching if you want to know what alexa has to say alexa what is a registered trademark according to wikipedia the registered trademark symbol register is a typographic symbol that provides notice that the preceding word or symbol is a trademark or service mark that has been registered with a national trademark office a trademark is a symbol word or words legally registered or established by use as representing a company or product i think what alexa is trying to say translation you can register your word mark either as a company name a slogan a sideline or as a logo alexa what is a trademark as a noun trademark can have a couple meanings one any name symbol figure letter word or mark adopted and used by a manufacturer or merchant in order to designate specific goods and to distinguish them from those manufactured or sold by others a trademark is proprietary and is usually registered with the patent and trademark office to assure its exclusive use by its owner or licensee 2. a distinctive mark or feature particularly characteristic of or identified with a person or thing often used attributively alexa is on fire so i really liked alexa's response there and i think the translation said in a shorter way is that you can protect your brand and make it distinguishable from that of others using a registered trademark so if you want to make sure that your brand is distinguishable from that of others you should seek to register it with the ultimate symbol which would be the circle r alexa what is the supplemental register according to wikipedia in united states trademark law the supplemental register is the secondary register of trademarks maintained by the united states patent and trademark office it was established in 1946 by sub chapter 2 of the lanham act to allow the domestic registration of trademarks that do not meet all the requirements for registration on the principal register so that the holder of such a mark could register it in another country okay translation the supplemental register is for those that are not eligible for the principal register but has alexa really explain to you how to get on the supplemental register let's see if she can give us the answer alexa how do i get on the supplemental register sorry i don't know that one just one more reason why you should probably talk to a trademark lawyer about your trademark situation and your trademark issues the internet doesn't have all the answers and neither does alexa alexa what is an office action here's something i found on wikipedia in the united states an office action is a document written by an examiner in a patent or trademark examination procedure and mailed to an applicant for a patent or trademark wow fantastic did you get that translation alexa is trying to tell you that an office action is a letter from the trademark examiner assigned to your application telling you what's wrong with your application it should say summary of issues at the very top and again it will tell you what's wrong with your trademark application alexa how long does it take to get a trademark registered here's something i found from the article trademark clearinghouse on wikipedia as of october 2014 registering a single trademark can cost between and 150 for one year okay well that's not the question i was asking i asked alexa how long it would take to register a trademark now if she tells you between 95 and 100 and something dollars does that really answer your question tell me in the comments below yes or no in any case if she gives you an answer like this are you relying on her information and is your belief going to be that it's going to cost between 95 and 100 and something dollars this is what is wrong with the world today don't rely on alexa for everything do not rely on the internet for answering all of your questions alexa how much does it cost to register a trademark here's something i found from the article trademark clearinghouse on wikipedia as of october 2014 registering a single trademark can cost between 95 and 150 dollars for one year listen if you really want to know how much it costs to register a trademark these days i invite you to watch this video right here how much does it cost to register my trademark how much is it going to set me back because i can tell you that this answer is not correct unless she's talking about trademark attorney fees only i'm not sure alexa has the answer to that one either alexa what is a likelihood of confusion the noun confusion is usually defined as the act of confusing did alexa tell you anything about your likelihood of confusion issue yes or no alexa do you have the answers to everything sorry i'm not sure alexa help me find an online trademark attorney i'm not sure what went wrong look you can just visit marcella tm.com online trademark attorney helping online and offline businesses alexa tell me more about trademarks here's the wikipedia article on trademark trademark is a 325 feet tall primarily residential skyscraper in charlotte north carolina so as you can see guys alexa doesn't always have the answer to your trademark issues and i can bet that the internet doesn't always have the answers to your specific situation either as you can see even for some of the most basic general questions alexa and the internet are not able to give us accurate answers to help us move forward efficiently and well confidently if you're somebody that just relies on all the information you're reading on the internet you could potentially be misguided it could end up costing you money in the long run and like i said if you don't know what you don't know then how are you gonna know that you're going in the wrong direction sometimes you just need to speak to somebody who's an expert in a particular field somebody who has been there who has done that somebody who does trademarks every single day now if the diy journey is for you because well you just don't have the funds for an attorney just make sure you scroll down in the description below and you have explored all of your options because the internet doesn't always have all the answers and your specific situation is important your situation is not like that of others if this video was helpful then make sure you give me a thumbs up and you tell me in the comments below whether you prefer answers from alexa or marcela i look forward to your response
Thanks for your comment Shaunta Wiedemann, have a nice day.
- Len Cristy, Staff Member
what is up everybody this is seth kniep kneepin it reel today i'm going to teach you how to get a trademark so that you can get your brick so that you can get your brand registered on amazon so that you can protect yourself from hijackers okay hijackers can hide i wanna this is this is why i'm trying to tell you i gotta get away from these hijackers perfect okay i think we're safe to teach this now today i'm going to give you six steps on how to get trademarked so that you can get your amazon brand registered on amazon's platform step number one decide whether or not you actually need a trademark now a lot of people think well seth i mean of course i need one that's why you're teaching this but i want you to understand it's actually not essential to get a trademark to build a profitable online business even on amazon it has advantages but now may not be the right time for you for example let's say you're really low on funds and you have just enough to launch that first product in this situation i recommend you save that money to launch your product once you have funds coming in you can use those funds to go get your trademark now trademarks can be pretty expensive or pretty cheap depending on what method you choose and today i'm going to teach you exactly what those four methods are and maybe a secret fifth one as well so you don't have to get a trademark to build a brand you can actually start at amazon and start selling and there are ways to protect your brand name even without a trademark now let me walk you through the advantages of a trademark number one advantage is trademarking adds credibility to your brand simply by having that registered circle with the r right there as a superscript after the end of your brand name that adds a certain amount of clout and authority to your brand you can get that little circle with the r once you're trademarked and if you ever see someone using that and they're not trademarked they could get in serious legal trouble it'll also scare off hijackers if people are starting to latch onto your listing but they see that trademark it does give you a certain a sense of authority and intimidation to people who are trying to sell under your specific trademarked brand second reason you have a massive advantage with the trademark is trademarking gives you exclusive rights in other words if someone ever tried to sell under your trademark for example let's just say the name of your trademark is mcgee giggles and you sell toys and gifts like for a gag shop but it's all online if you're trademarked under the toys and sporting goods classification which is the united states patent trademark in office category that would be fitting for this kind of product and you notice that someone else with mcgee giggles or a similar sounding brand name thus it could cause confusion is selling under the same category then you know that they are breaking the law and you have legal rights to go and contest that and have them to stop selling under your trademarked brand name here's where it gets really cool even if you don't have a trademark but you've been using that brand name and they go and get that trademarked but they weren't selling into that brand name previously you still have the right to get them to stop this is called first rights use under common law and it's something you can take advantage of third advantage to getting a trademark is it gives you remedies for unauthorized use in other words if someone else is selling on your listing which is going to be under your trademark or anywhere else in e-commerce or on amazon under your trademark name or a name that sounds similar you have legal rights to send them a cease and desist letter and by the way you don't even have to hire a lawyer to send a cease and desist letter you're not pretending to be a lawyer you can just say look stop you can't do this this is breaking the law you were going against my rights you can even take them to court or have a lawyer send them a letter and say look i need payment and compensation for the funds that i lost because you are selling under my trademarked brand name there are many other options you can use as well if someone is starting to use your trademark number four trademarking can give you authority at the port i am talking about when your products are shipped from china or wherever you're sourcing and they're coming through those customs port authorities can stop them from coming in if they find them to be counterfeit products because your trademark has so much brand recognition this happens a lot with better known brand names and there's no reason you shouldn't think there i mean if you think big you will go big fifth advantage trademarking allows you to apply for brand registry for your brand on amazon this gives you a huge advantage this means you can have a plus content which means your listing will be three times more beautiful and convert far better than those who don't have brain registry in addition you have brand analytics which gives you various levels of search volume for keywords it gives you more tools so that you can protect your brand name more easily and get those hijackers who are trying to steal your hard work and swipe you from the stuff you're working on it gives you an authority and a power to get them off your listing much better than if you are not brand registered but to be brain registered you have to have a trademark now let me give you two reasons very specifically why you don't need a trademark as i mentioned before you can still build a very strong brand on amazon without a trademark if you are limited on funds there's no reason why you can't wait and as you begin to make money you can use that money to go pay for your trademark get it registered and then later you can add that on and all of a sudden you have a brand but you protected the brand name the whole way and this is where people get nervous because they go well seth i have a brand name i love this brand name how can i be sure that no one else is gonna sell under this brand name if i don't get trademarked now the biggest protection to your brand name is not the united states patent trademark office it is not getting a trademark it is not a patent it is not a copyright it is selling under that brand name when you sell under your brand name under common law you get what's called first rights use which means you get exclusive authority to use that brand name in that category now obviously if someone else is using a similar or the same brand name for a different product category there's no conflict of interest there is no cause of confusion for buyers and they can do that take the word delta now you probably think of airlines when you hear delta actually delta is also a brand name that is trademarked with the exact same letters for faucets i'm talking about those little things in your sink where water comes out of them do you have delta faucets and you have delta airlines but they're both a brand name that is trademarked the reason there's no conflict of interest or confusion or legal problem is because there are two different brand categories
Thanks Elden your participation is very much appreciated
- Len Cristy
About the author
I've studied natural language processing at Northwestern University in Evanston and I am an expert in psephology. I usually feel lazy. My previous job was chaplain (prison, military, hospital) I held this position for 12 years, I love talking about sailing and candle making. Huge fan of Ethan Hawke I practice surfing and collect stock and bond certificates.
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