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I don't know what my Trademark Acceptable Identification is.

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turbocomppro

Junior Member
What is the name of your state (only U.S. law)? California

I want to trademark my company name but I don't know what to select as the Trademark Acceptable Identification.

Here are some details: I mainly sell repair parts and accessories for hand held gaming devices (PSP, Nintendo DS, etc.). I buy my inventory from overseas (without any brand names) and brand them as our own and sell them online (mainly on Amazon). I purchased UPC codes and put up the listings in Amazon. However, other sellers are hijacking my listing and selling similar products. While they may look similar, they most likely aren't the same quality as we only choose the best and go through our in-house QC before they are sold and shipped.

I have been in contact with Amazon about this and they asked that I do a "test buy" from the other sellers. This would work if I only have a few items but I have hundreds of items and they require a test-buy for each item and seller. If I registered my company name as a trademark, Amazon says other sellers will not be able to use my listing provided I have proof of the trademark registered.

So for selling Gaming related accessories and repair parts, what Trademark Acceptable Identification does this fall under?

Any advice would be greatly appreciated.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California

I want to trademark my company name but I don't know what to select as the Trademark Acceptable Identification.

Here are some details: I mainly sell repair parts and accessories for hand held gaming devices (PSP, Nintendo DS, etc.). I buy my inventory from overseas (without any brand names) and brand them as our own and sell them online (mainly on Amazon). I purchased UPC codes and put up the listings in Amazon. However, other sellers are hijacking my listing and selling similar products. While they may look similar, they most likely aren't the same quality as we only choose the best and go through our in-house QC before they are sold and shipped.

I have been in contact with Amazon about this and they asked that I do a "test buy" from the other sellers. This would work if I only have a few items but I have hundreds of items and they require a test-buy for each item and seller. If I registered my company name as a trademark, Amazon says other sellers will not be able to use my listing provided I have proof of the trademark registered.

So for selling Gaming related accessories and repair parts, what Trademark Acceptable Identification does this fall under?

Any advice would be greatly appreciated.
Registering the name under which you do business would be smart. The trademark you choose is what identifies and distinguishes your goods/services from all others.

If I understand you correctly, you are having a difficult time picking the correct class for your goods/services? This is often what trips up a person when filing their trademark application and can result in contact from the trademark examiner or rejection of the application. For this reason, you would be smart to sit down with a trademark attorney in your area prior to filing your application so you are better ensured your application is filled out properly and your registration will be approved.

The following are links to USPTO with information on helping you identify your goods/services:

Trademark Identification Suggestions: http://www.uspto.gov/trademarks/resources/tmidmanualsuggest.jsp

Trademark Examiners Manual: http://patents.uspto.gov/trademarks/resources/index.jsp

Good luck.
 

turbocomppro

Junior Member
Thanks for the quick reply quincy. Really appreciated.

I am out of the country right now and would not be able to contact an attorney face to face. Are there trusted lawyers that you could recommend? Or perhaps a company that will simply do all the paperwork for a for a flat fee? I just don't trust those Ads that Google recommends when I search for a trademark lawyer. Many times, they will start the work but never follow up and finish. With so many internet scams going on, it's really hard to laid down $500-600 to someone whom I have zero connections to.
 

quincy

Senior Member
Thanks for the quick reply quincy. Really appreciated.

I am out of the country right now and would not be able to contact an attorney face to face. Are there trusted lawyers that you could recommend? Or perhaps a company that will simply do all the paperwork for a for a flat fee? I just don't trust those Ads that Google recommends when I search for a trademark lawyer. Many times, they will start the work but never follow up and finish. With so many internet scams going on, it's really hard to laid down $500-600 to someone whom I have zero connections to.
You can find an attorney in the area of the world you are in, to help you with your trademark application. The schedule of classes and goods used by the USPTO is the same schedule used by almost all countries of the world.

We cannot make lawyer recommendations on this site. Sorry.
 

turbocomppro

Junior Member
You can find an attorney in the area of the world you are in, to help you with your trademark application. The schedule of classes and goods used by the USPTO is the same schedule used by almost all countries of the world.

We cannot make lawyer recommendations on this site. Sorry.
No apology necessary. I guess I could try the "Ask a Lawyer" from this site. Thanks again for your input.
 

justalayman

Senior Member
What is the name of your state (only U.S. law)? California

I want to trademark my company name but I don't know what to select as the Trademark Acceptable Identification.

Here are some details: I mainly sell repair parts and accessories for hand held gaming devices (PSP, Nintendo DS, etc.). I buy my inventory from overseas (without any brand names) and brand them as our own and sell them online (mainly on Amazon). I purchased UPC codes and put up the listings in Amazon. However, other sellers are hijacking my listing and selling similar products. While they may look similar, they most likely aren't the same quality as we only choose the best and go through our in-house QC before they are sold and shipped.

I have been in contact with Amazon about this and they asked that I do a "test buy" from the other sellers. This would work if I only have a few items but I have hundreds of items and they require a test-buy for each item and seller. If I registered my company name as a trademark, Amazon says other sellers will not be able to use my listing provided I have proof of the trademark registered.

So for selling Gaming related accessories and repair parts, what Trademark Acceptable Identification does this fall under?

Any advice would be greatly appreciated.
Actually you are speaking of registering your already determined trademark. I presume whatever you are branding these items with is your trademark.

You earn rights in a mark by using it in commerce. There are additional benefits to registering the mark but not registering it does not preclude you from defending it.

I really don't understand the issue with the other merchants on Amazon though. Unless you hold a patent on the item or have an exclusive license to sell the items you sell, anybody can sell not only something similar but the exact same merchandise. The only thing they could not do is use your trademark.
 

quincy

Senior Member
Actually you are speaking of registering your already determined trademark. I presume whatever you are branding these items with is your trademark.

You earn rights in a mark by using it in commerce. There are additional benefits to registering the mark but not registering it does not preclude you from defending it.

I really don't understand the issue with the other merchants on Amazon though. Unless you hold a patent on the item or have an exclusive license to sell the items you sell, anybody can sell not only something similar but the exact same merchandise. The only thing they could not do is use your trademark.
turbocomppro was asking about under which classification his goods/services should be registered (the "trademark acceptable identification"), justalayman, not the trademark itself.
 

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