Remove from shelves immediately! Trademark infringement outbreak! Be careful of funds being frozen

Remove from shelves immediately! Trademark infringement outbreak! Be careful of funds being frozen


Recently, we received an infringement consultation from a client. After some investigation, we found out that the client used a trademark of a world-renowned automobile brand. As expected, Volkswagen Group recently launched a new infringement case.




Infringement Case



The owner of the Volkswagen brand is VOLKSWAGEN GROUP OF AMERICA, INC. In recent years, the brand has been involved in numerous lawsuits, including several cases from 2019 to 2020. The red circle is the latest lawsuit filed on May 27 this year, with case number 20-cv-3128.


The reason for Volkswagen Group's lawsuit this time is trademark infringement. The cited trademarks are its Audi-related trademarks, including word trademarks and multiple graphic trademarks.

The specific infringing trademarks are:




How to sell auto parts correctly



In fact, it is allowed to sell branded auto parts on the platform, as long as you add words such as compatible with and for to the title. However, many sellers have still been complained or sued. The main reason is that the product itself carries brand-related text trademarks or graphic trademark elements.



It is also important to note that the brand's trademark registration categories are also very broad. It can be said that no category that can be applied for is left out. Therefore, even if the trademark is not used on auto parts products, using it on other products constitutes infringement.

Let’s take a look at some common infringing products on the platform:  

Many sellers thought that as long as they worked hard on the titles of auto parts products and added some words indicating "applicable and compatible", they could avoid infringement. In the end, they were often sued because the products themselves used infringing trademarks.


Therefore, in addition to the title description, sellers should also pay more attention to the product itself and whether there is any infringement on the product packaging. If the product itself has infringed, regardless of whether the title uses the other party’s trademark, it undoubtedly constitutes trademark infringement.


The freezing of this case has already begun. The agency is GBC Law Firm, which is very good at fishing for evidence. Therefore, sellers who encounter freezing must deal with it in a timely manner to minimize losses as much as possible.


Sellers must not only prevent infringement, but also protect their own brands. Registering trademarks protects their own brands, prevents others from stealing their brand rights, and improves their corporate brand and reputation.


A good trademark brand can not only bring a sense of honor and accomplishment to employees, but also immediately gain a foothold in the market once it is recognized and accepted by consumers.



Register a trademark and find sellers to grow!

FAQ



1

Question : Is it necessary to register a trademark?


Seller growth: Trademark registration is necessary. If you do not register, you may be disqualified from participating in large international exhibitions; your goods may be seized by customs and your products may not enter the trading country; you may lose international procurement bidding opportunities; important markets may be occupied; there may be conflicts with local brands in the local country; and you may have to give up brands you have used for a long time.

2

Question: Can a registered trademark be used on all products?


Seller growth: Products without registered trademarks can also be used, but they are not protected by law. If someone else has registered them, they cannot be used. A trademark is protected in as many categories as it is registered.

3

Question: How many forms are there to apply for a US trademark ? What impact do each have on Amazon filing ?


Seller Growth: There are two common application methods in the United States: 1. Used application 2. Intent application. The following are the differences in time, process, fee, and approval rate between the two application methods; there is no difference in the registration of trademarks applied for by these two application methods on Amazon.

4

Question: How to solve the problem of someone else registering your trademark?


Seller growth: If your account is preempted by others, you can take the following measures:
① Submit the trademark application as soon as possible so that you can provide relevant evidence when you raise an objection against the other party later.
② Raise objections to the other party when it enters the announcement period.
③Contact overseas lawyers to issue a warning to them.

5

Question: For the same name, which one provides stronger protection, the EU trademark or a single national trademark?

Seller growth: EU trademarks have stronger protection because they are protected in 27 EU countries, while a single country trademark can only be protected in that country. In terms of the scope of protection, EU trademarks have more advantages.

6

Question: Registration of a European Union trademark includes EU member states, so why do we need to register a trademark for an EU country separately?


Seller growth: Double protection. Due to the impact of Brexit, other EU member states also have plans to leave the EU. It is recommended to submit an application for a trademark in the target market country to achieve double protection.


(Source: SellerGrowth )




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