Expansion of the List of Commonly Used Trademark Words
- Coins
'Coins' is usually interpreted as' coins/coins' in Chinese. According to data from the United States Patent and Trademark Office (USPTO), over the years, many individuals or businesses have attempted to register it as a trademark, but most applications have become invalid. As of now, there are four trademarks in valid status. One of the trademark holders is Hong Zhuo gui, an individual located in China. Its trademark "Coins" was registered in 2017, with registration categories including 037, 039, 040, 042, and 050. The main protection scope is hook and loop fastening tape. Although the trademark is mainly used for circular Velcro, the holder may still file complaints with the platform, especially for sellers of collectible coins.
- SUPER BALL
SUPER BALL "means" elastic ball ". This trademark was registered in 2012 and has a wide range of protection, including Christmas decorations, surfboards, basketball backboards, yo yos, action figures and their accessories, marbles, sports balls, volleyball nets, balloons, discuses, and other products. The trademark holder is the American youth outdoor toy sports brand "Wham-O". Wham-O has filed multiple lawsuits against the frisbee trademark, resulting in numerous Chinese sellers being implicated for using the generic name "frisbee" on their listings. Although Wham-O has not yet targeted SUPER BALL, sellers need to be vigilant.
- Bacon Bin
Bacon Bin "means" bacon box "and is a kitchen utensil used for filtering oil residue and storing lard. This name is not only a synonym for the product, but also a trademark in the United States. Its owner is Talisman Designs LLC, which has recently filed complaints about alleged infringement on multiple cross-border e-commerce platforms such as eBay, Amazon, AliExpress, and Wish. Some sellers may have used "Bacon Bin" as their product name without authorization when editing product information, triggering trademark infringement issues. In March of this year, another company (Nifty Home Products, Inc) applied to register Bacon Bin as a trademark, and the application is still being processed.
How to deal with trademark infringement of commonly used words
A seller has raised the question: If my product is not related to the scope of trademark business, does using these keywords constitute infringement? Based on a large amount of feedback, this is not considered infringement, but there is a risk of being complained about. Trademark protection applies to major categories, and if the seller's product is completely different from the other party's in the same category, there is no problem with writing it.
However, actual complaint cases have shown that platforms usually determine infringement regardless of whether they are in the same category or not. Whether it is infringement of commonly used words, listing keywords, or product description words, if a seller receives a small red flag from the platform, they need to embark on a difficult path of appeal. Improper handling may result in the deletion of listings, or even bans and store closures.
Avoiding infringement risks in advance
The best way to deal with the infringement risks brought by these commonly used words that have been registered as trademarks is to avoid them in advance. Sellers should avoid using these registered trademark terms in listing writing and product descriptions to prevent infringement.