When to Trademark

A trademark is a symbol that identifies a mark as the intellectual property of an individual or organization. Trademarks are applicable to words, phrases, designs, or symbols that are easily identifiable as belonging to their creator and distinctive to their particular offering, be it a product or service. Trademarks grant exclusive rights to the intellectual assets for which they are registered and are widely used by those seeking to protect their brand identities.

When is the right time to register a trademark?

Typically, the ideal time to register a trademark is prior to launching a product or service onto the market, as this helps to prevent disputes should another entity seek to use a similar or identical creative asset. For this reason, brand names are typically trademarked before being finalized so as to ensure that they can be legally used without infringing on the rights of other entities.
In the context of e-commerce, it is important to register a trademark prior to listing any products on digital marketplaces so as to avoid intellectual property disputes with other sellers. Those who decline to do so might be forced to rebrand at a later point or unable to take action against those who make unauthorized use of their name.

What are the benefits of registering a trademark?

Registering a trademark offers a variety of benefits to e-commerce sellers, both in law and on digital marketplaces. The following are key benefits of registering a trademark in e-commerce.

• Legal protection and enforcement rights: Registering a trademark grants exclusive rights to the trademark holder so that no other business can legally use its intellectual property within the same industry. If another party does so, such as in the case of unauthorized resale or counterfeiting, the trademark holder can take legal action against them. This also applies to brands that use creative elements that bear a misleading similarity to the trademarked property.
• Brand protection on e-commerce platforms: A registered trademark gives sellers additional brand security on digital marketplaces. E-commerce platforms like Amazon and Walmart offer brand protection programs which sellers can enroll in for free once they hold a registered trademark. This enables them to report IP violations, have counterfeit products removed, and have infringing accounts investigated in order to protect their brands.
• Asset value: Trademarks are assets that can be licensed or sold if the holder chooses. As a brand builds credibility and its reputation grows, the value of a registered trademark typically increases, and may potentially attract lucrative offers from buyers.

How can a seller register a trademark?

Once a seller has determined that their desired mark is unique and available to trademark, they can file an application with the trademark office of their jurisdiction. In the USA, this is the United States Patent and Trademark Office (USPTO). In their application, they will need to provide details about their mark, its intended use, and their industry classification. The USPTO gives an estimate of 12 to 18 months to complete the various stages of registration, but timeframes may vary from one jurisdiction to another. Once granted, the trademark provides long-term brand protection but must be renewed periodically. In the USA, a federal trademark lasts 10 years, though durations also vary between jurisdictions.