Favorites | How does Amazon avoid intellectual property infringement?
Amazon's Intellectual Property Protection policies
Often, I see some friends asking about intellectual property infringement issues. The website for querying this information is well-known to everyone, but for many newcomers, they may not know how to get started after entering the official website. Combining with actual work, I have organized my logical understanding of intellectual property and hope it will be helpful to everyone.
I. Common Types of Infringement
1. Trademark Infringement
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Usually refers to the unauthorized use of another party’s trademark or LOGO without the permission of the trademark owner. (Often accidentally copied and pasted when writing the Listing) 2. Design Patent Infringement
For a new design with a beautiful appearance and industrial applicability made up of the shape, pattern, color, or their combination of the product, if the similarity is above 60%, it will be regarded as an infringement of the design patent.
3. Invention Patent Infringement
The product is invented by someone else, and a patent has been applied for protection. The seller produces and sells it without permission. The structure, process, and other methods of the product are the same as those of the other person’s invention patent, which means that it is sold as a counterfeit product.
4. Copyright Infringement
Usually refers to the infringement of the author’s copyright, generally related to peripheral products of film and television works.
II. Trademark Query Methods
1. Trademark Retrieval Website
WIPO International Trademark Database (recommended) https://www3.wipo.int/branddb/user/en/
US Trademark TESS https://www.uspto.gov/trademarks-application-process/search-trademark-database EU Trademark Website TMview (If WIPO cannot query UK trademark information, it can be queried on the EU trademark website) https://www.tmdn.org/tmview/welcome#/tmview 2. WIPO Trademark Query Method 1) Search trademark information based on the name Open https://www3.wipo.int/branddb/user/en/, enter the trademark to be searched in the text field under brand, for example, enter “xiaomi” and click search. We mainly look at 5 pieces of information when searching for a trademark: 1. Whether the trademark name matches the input name. 2. Country of registration. 3. Whether the status is valid. 4. Who is the trademark owner. 5. Trademark registration category (Trademark classification system can be queried in TMclass: http://tmclass.tmdn.org/ec2/) Since we need to determine whether a product infringes on a certain trademark, we need to pay attention to whether the name is consistent, the status is valid, and whether the trademark category corresponds.
If there are too many results after searching, you can further filter them. For example, if you only want to see Xiaomi’s trademark in class 9 scientific instrument category, enter 9 in the goods/services class (Nice) column under “class”, and then search.
Continue filtering, for example, by filtering Xiaomi’s class 9 trademarks registered in the US and active or pending status. Then we click to view the details of the first USTM, which clearly displays the trademark name, logo, applicant, and registered category.
2) Search for trademarks based on registration number or application number Searching for results based on registration number or application number is generally more accurate.
Note: If you want to perform a new search, be sure to clear the search history.
3. TESS trademark search method
1. Open https://www.uspto.gov/trademarks-application-process/search-trademark-database and enter the TESS page.
2. Choose Basic Word Mark Search (New User).
3. Choose live and valid trademarks, such as searching for the keyword “anker”, and then submit.
4. View the results, such as checking the 13th item, which shows that ANKER INNOVATIONS LIMITED LIMITED LIABILITY COMPANY HONG KONG has registered which categories in class 009 – scientific instruments. (Note: The use of trademarks is limited to certain categories, so after searching for a trademark, you also need to look at the categories it is registered in. However, for well-known trademarks, they can also constitute trademark infringement if used in similar categories.)
5. You can also copy the information of the trademark owner to search, so you can see how many trademarks this company has registered. Serial Number refers to the serial number, Reg. Number refers to the registration number. If there is a string of numbers below, it means that the trademark has been successfully registered, and if there is no string of numbers, it means that the word is already in the process of registration.
III. Patent search method
1. Patent retrieval website Foreign design patent database WIPO https://www3.wipo.int/designdb/en/index.jsp US design patent USPTO
http://patft.uspto.gov/netahtml/PTO/search-bool.html 2. WIPO Design Patent Query Method
1. Open https://www3.wipo.int/designdb/en/index.jsp. For example, if you want to search for a US design patent for a Bluetooth speaker, first enter the product keywords in the Indication of Product column under Design, such as “Bluetooth speaker”, then select US Designs under Source. Compare the search results with our product image one by one. If they are highly similar, it is an infringement and we need to set up a banned sales site according to the country of patent registration. 2. Click on the patent you want to query to see specific information such as name, patent number, inventor and applicant, etc. 3. USPTO US Design Patent Query Method 1) Open the US trademark and patent official website http://patft.uspto.gov/netahtml/PTO/search-bool.html. Enter the corresponding information in the left box and select the type of information input on the right (for example, product name, patent number, application date, application number, applicant, etc.). For example, if we want to search if there is a design patent for Bluetooth speaker, enter “Bluetooth speaker, All Fields” in Term1 and “4 (representing design patent), Application Type” in Term2. 2) First select the patent you want to query, then click on Images after opening it. 3) Click Full page on the left to display the complete version, and then click Download in the upper right corner to download the file.
Four, Copyright Query Method 1. Copyright Query Website
US Copyright Office: https://www.copyright.gov/ Google Image Search: https://images.google.com/ 2. US Copyright Office Query Method
1. To search for US copyright, open https://www.copyright.gov/ and click “Search Copyright Records” to enter the search page. Note:
1. Trademarks have category restrictions, but copyrights can sue products in all categories, so it is important to pay attention to copyright infringement.
2. Online images can only be used when they are marked “free, enterprise, commercial use”.
Five, How to Avoid Infringement in Daily Operations?
1. When editing a listing, avoid using brand trademark keywords. If you are unsure, you can search for them on the trademark website.
2. Do not directly copy someone else’s wording or use stolen images. Try to process and photograph the images yourself. Directly using brand images without permission carries a high risk. This is common, and once discovered, your product may be taken down, affecting sales. Therefore, it is best to take your own pictures.
3. Understand the supplier’s qualifications and ask whether the product is developed in-house or an improved imitation. Try to find a first-hand source and require the supplier to provide relevant product documents, including production and trademark rights certification information.
4. When it is unclear whether a trademark or patent infringes, you can search the trademark official websites of various countries.
5. Some brands have complex and numerous infringing elements, not just a single trademark or patent. Collect information on popular infringing brands in your spare time.
6. Register your own trademark in advance and file for brand registration on relevant platforms.
7. Expose your self-processed and photographed images on various platforms as soon as possible, and register copyrights if necessary.
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