You have invested considerable time and effort into building your brand, carefully selecting its colors, defining its core values, and crafting a thoughtful marketing strategy to represent it effectively. Now you’re ready to start selling not only within the US but looking at selling internationally as well, before you take those steps make sure that you have your brands trademark registered.

A trademark is a legally recognized symbol, word, phrase, design, or combination thereof that serves to identify and distinguish the goods or services of one party from those of others. Trademarks play a vital role in protecting brand names, logos, and other unique identifiers, ensuring that consumers can easily recognize the origin of a product or service.

For example, trademarks like Nike’s iconic swoosh, Tiffany & Co.’s signature teal blue packaging, and Coach’s distinctive horse and carriage logo have become synonymous with their respective brands. Each of these companies has invested significant effort in creating and protecting their trademarks, which contribute to their strong brand identities and consumer trust.

In this blog we will explore the importance of brand identity and how you as an eCommerce seller can protect yours.

Jump right in: Protecting your U.S. registered trademark 

• Review of the eCommerce Landscape and the role it plays in the online shopping ecosystem.
• How has manufacturing changed the e-commerce landscape?
• Why should you register your brand trademark?
• Where to start registering your trademark
• How to register your trademark in another country.
• Summary

Review of the eCommerce Landscape and the role it plays in the online shopping ecosystem

Since the 1800’s when it comes to shopping things have changed drastically. In the late 18th early 19th century consumers saw the emergence of brand-focused culture. With manufacturers now able to implement mass production allowing for goods to be more widely available and leading to more competition with competitors.

Branding became a way to differentiate products from competitors in what was now becoming a crowded market. The first brands to take on this approach were Pear soap and Coca Cola. Marketing became an essential part of this ecosystem as it enabled businesses to advertise their wares for specific demographics such as lifestyle, sports, and beauty.

Jumping to the 21st century, with the expansion of global markets and the use of social media it has created a stage for the end consumer to engage directly with brands no matter where the consumer lives in the world. Shopping for brands today reflects a shift toward identity-driven consumption, where buyers select products based on values, aesthetics, and personal alignment with a brand’s image.

How has manufacturing changed the e-commerce landscape?

In the early 19^th century with the global trade expansion this created a shift within the ecommerce landscape. Consumers were now able to buy from not only local markets but also globally. With this shift came the demand for more efficient systems, like catalog sales increasing the outreach even more.

Manufacturing globalization began to take hold, reducing costs and enabling the distribution networks that eCommerce landscape still depends on today. The rise of supermarkets and department stores mirrored today’s online marketplaces.

In the 20^th century we have again seen a shift within manufacturing that has impacted the ecommerce marketplace. Innovation has skyrocketed with AI driven technologies and personalized production practices allowing for customization with print on demand services.

Why should you register your brand trademark?

Now that we have explored how innovation has impacted the ecommerce market, let’s look at the importance of brand identity and the importance of protecting it.

With the global nature of manufacturing and the marketplace saturated with related products, safeguarding your brand has never been more critical. As the world’s largest manufacturer and a major hub for counterfeit goods, China presents unique challenges that require initiative-taking brand protection strategies as well as Canada and the UK.

Where to start to register your trademark

The first way to protect your brand is to register your trademark within the US. Taking this step, you will ensure that you have legal recourse should someone try and counterfeit your trademark. This also allows for increased credibility with the end consumer because they are purchasing brands they trust.

While trademarks can acquire common-law rights through use, registering a trademark with a government body (like the U.S. Patent and Trademark Office) provides stronger protections, including:

• Nationwide rights to the mark.
• Legal backing to enforce rights against infringement.
• Public notice of ownership.

Once you registered within the U.S. Patent and Trademark Office and before securing a manufacturer internationally, make sure you know how to register it within that country.

Reduce time spent on logistics by up to 85%

Outsourcing tedious tasks like labeling, packaging, and bundling frees up your time to focus on other aspects of your business.

How to Register a Trademark in Another Country

In China they have a clause called the first-to-file which means that the first company to file on the trademark is the one that gets to claim the use of it, there is similar practices in the UK and Canada as well.

Knowing what steps to take initially will help make this a smooth process prior to you starting production in these countries.

How to Register a Trademark in Another Country

1. Collaborate with local legal experts or agencies that specialize in trademark infringement.

2. Consider using the Madrid Protocol for streamlined applications.

Key Features of the Madrid Protocol:

Single Application Process:

• Instead of filing separate trademark applications in each country, businesses can file a single application through their home country’s trademark office, specifying the countries.

Cost Efficiency:

• The Madrid Protocol reduces the costs associated with filing multiple applications and hiring local attorneys in different countries.

Flexibility:

• Trademark holders can expand protection to additional countries as their business grows by adding designations to their existing registration.

Centralized Management:

• Changes such as renewals, transfers, or updates to the trademark are made through a single centralized system.

Coverage:

• As of now, the Madrid Protocol includes over a hundred member countries, covering a vast majority of the global market.

Validity:

• An international registration under the Madrid Protocol is valid for 10 years and is renewable.

The Madrid Protocol is particularly advantageous for businesses operating in multiple countries, offering a streamlined and cost-effective approach to securing trademark protection worldwide.

3. Research specific country requirements (language translations, usage proof).