The commonly used keyword "100%" has been registered as a trademark? A large number of sellers are facing the risk of infringement

A MZ123 observed that recently an explosive news has been circulating in the cross-border seller circle: the commonly used keyword " 100% " in the industry has been successfully registered as a trademark! Using it on the product page may cause infringement !

▲ The picture comes from the official website of the United States Trademark Office

▲ The picture comes from the official website of the United States Trademark Office

In the past, malicious trademark registrations have occurred frequently in China, and this time's 100% trademark has made many sellers suspicious: "Is it another trademark dealer at work?" But in fact, the registrant this time is a genuine brand manufacturer.

The registrant is a manufacturer of racing sports equipment

It is reported that 100% of the trademarks belong to the products of the American company Saule, LLC. The brand began to produce goggles, racing gloves and other products as early as 1982, and was also the sponsor of many off-road motorcycle racing teams and racers at the time. It was later acquired by Saule, LLC. in 2010 and specializes in providing sports equipment for various motorcycle and bicycle events. It is currently also sold on the Amazon platform, with good sales and reviews.

▲ The picture comes from Amazon's official website

Although there are many trademarks, a closer look reveals that the trademarks registered by Saule, LLC. all seem to be reasonable . Among them, 9 types of trademarks can protect its own glasses and goggles; 12 types of trademarks correspond to racing modified parts; 25 types of trademarks correspond to cycling clothes and gloves; and 28 types of trademarks correspond to sports protective gear.

Do sellers need to delete related descriptions?

Many sellers are worried that clothing products often use words such as "100% polyester" and "100% cotton" to describe fabrics in page details and promotions, and these are all protected by Class 25 trademarks. If all of them are to be deleted, almost all listings need to be modified. Some sellers said: Our products are 100% fiber, and we would be embarrassed to sell them without adding this description. "

▲ The picture comes from the seller communication group

However, some professionals said that even if a generic word is successfully registered, the scope of protection is very small. The Trademark Office will also require the holder to give up most of the rights and cannot prohibit others from legitimately using the name .

▲ The picture comes from Sina Weibo

This view has corresponding legal basis, according to Section 33b of the Lanham Act of the United States:

Although many past cases can provide sellers with a basis for defense, the lessons learned from the Amazon platform also force sellers to be on guard. After all, Amazon often "takes down the products first, then investigates" when dealing with infringement issues .

▲ The picture comes from the seller communication group

In response to this, many sellers choose to change keywords to avoid risks. Some sellers even came up with a trick: use 1+two capital letters O to form 1OO% instead of 100% .

▲ The picture comes from the seller communication group

In general, although the word trademark "100%" is not likely to constitute infringement at the legal level, Amazon may still remove the product from the shelves, and once a case is filed, sellers will have to spend a lot of energy to deal with the lawsuit, which is not worth the loss. Therefore, it is a good strategy to clean up or modify the relevant keywords of the listing first, and wait and see for a while before making adjustments .