Rosenbaum, Famularo & Segall, P.C. attorneys help small businesses fight complaints made by sellers with weak trademarks.
LONG BEACH, NY, UNITED STATES, January 25, 2021 /EINPresswire.com/ — In the wake of increasing trademark oppositions and cancellations of Amazon products, Rosenbaum, Famularo & Segall, P.C. attorneys aim to help small businesses fight baseless complaints made by sellers taking advantage of the United States Patent and Trademark Office system.
Many sellers register weak trademarks with the United States Patent Office, using common words, phrases, Surnames, and descriptions instead of unique and/or specific products or brands. Oftentimes, sellers who registered these trademarks will file complaints against other sellers who used these common words, phrases, surnames, and/or descriptions on the Amazon platform. Because they had registered it with the USPTO, they believed that was all the justification needed to make the complaint. Unfortunately, Amazon more often helps businesses with weak trademark names, requiring the accused to seek legal assistance.
One example of such a case from this past year that worked in favor of the accused, involved the use of the word “Tiffany” to describe engagement rings sold at Costco. According to Law 360, "A jury could reasonably conclude that consumers of diamond engagement rings would know or learn that 'Tiffany' describes a style of setting not unique to rings manufactured by Tiffany, and recognized that Costco used the term only in that descriptive sense," the court wrote. "Such consumers may also be distinctly capable of recognizing that Costco's rings were not manufactured by Tiffany — based, for example, on their price, place of purchase, packaging, or paperwork."
If sellers find themselves in a trademark dispute on Amazon for use of a weak trademark, it is up to the accused to file a complaint with the USPTO. If the trademark in question has been filed but not yet registered, the seller would seek to either invalidate or oppose the trademark, and they would request to cancel the trademark by filing a petition if that trademark has already been fully registered. Full registration with the USPTO can take up to a year, so understanding which status the complainant’s trademark is in will help the accused immensely. Small businesses caught in the midst of a trademark dispute should seek legal counsel for their options and assistance with this process.
Source: EIN Presswire