Do we need the trademark Class 35 to sell products on Amazon?

“We focus on making simple and delicious chocolate, ethically sourced and without additives. That’s the real alchemy where you take something that does not exist and turn it into a reality that people can see, taste, touch and smell.” Jose and Julie first met in Culinary School in Seville and it has been their dream come true to establish Eonce Chocolate, a delicious brand proudly protected by Trama.

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth.

By definition, a trademark needs to display sufficient distinctiveness to identify the origin and ownership of the products and services. That means generic and descriptive words should be avoided at all costs. The landmark case in United States PTO v. Booking.com B.V, however, proves that a generic term combined with “.com” or another top-level domain can be registered as a trademark if there is sufficient evidence of consumer recognition.