Tips to Protect Your eCommerce Products From Trademark Infringement

Mathew Johnson November 23, 2021

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It is important to protect your products from trademark infringement when you sell them online. Anyone can list any item on sites like Amazon, eBay, Bonanza and many others and sell it to buyers all over the globe.

Many businesses now see counterfeits of their products sold on third-party websites. This can cause market saturation and damage to your brand reputation. Here are some ways you can protect your product against trademark infringement.

Monitor Third-Party Online Marketplaces

Monitor online marketplaces to find third-party sellers selling your brand. This includes Etsy, Amazon, Bonanza and eBay.

While sellers might not know that they are infringing on your trademark if the products they sell are yours, some sellers may be selling counterfeit versions. You should search these marketplaces to see if your products are being sold by others.

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Register Your Trademark

To protect your e-commerce products against trademark infringement, you must apply for a USA trademark. This is done under the “use within commerce” terms. Your trademark is intellectual property and you have the exclusive right of use. No one can sell products using your trademark.

Any graphic representation of your products is a trademark. This includes the name, logo and packaging. You will be able to remove unauthorized listings online once your trademark is registered.

Register Your Trademark on the Amazon Brand Registry

You can register your trademark as a trademark owner on Amazon Brand Registry. This can be done for other websites, like eBay. These sites will allow you to register your trademark and provide you with the tools to remove listings that infringe your trademark.

The Brand Registry offers tools that will help you create and protect your Amazon brand. This global service has many benefits and features. It currently has more than 500,000 brands enrolled. This guide to Amazon Brand Registry covers everything, from A+ Content to Project Zero.

If sellers are found to infringe on your trademark’s rights, they will be removed from the listings and given a warning. If they attempt to do it again they will be removed from the listings. This is the best way for you to protect your brand as third-party sellers are able to saturate markets and charge lower prices for your products, or make counterfeit versions.

You can send a trademark cease and desist letter to anyone you find infringing your trademark. This is a warning to the seller informing them that you are infringing your trademark. If they don’t stop, you can take legal action. It can be enough for some sellers to remove the listings.

Test Buy the Product

You can test buy if you suspect that someone is selling counterfeit products. You first need to buy the product directly from the seller. This will allow you to inspect the product and determine if it is genuine.

You should document evidence if they sell a counterfeit copy of your item and send it to Amazon. You can also provide this information to an attorney if you are having trouble getting it done.

Hire a Lawyer

You may have to take legal action if you discover that your products are being used in large quantities. It can take time to track and file infringements every day. You may need an attorney to help you. If things get out of control, an attorney may be able to help you.