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I can save him the money…it would be highly unlikely the USPTO would grant a TM for “ACME Klein Bottle”. In either case, or even in the case the was a seller l

I can save him the money…it would be highly unlikely the USPTO would grant a TM for “ACME Klein Bottle”. In either case, or even in the case the was a seller legitimately infringing on a valid trademark, Amazon should not be reassigning reviews from one sellers product to another seller under these types of matters. How in the hell would that be beneficial to Amazon shoppers?

pbhjpbhj 5y ago
Indeed, "Klein bottle" is not descriptive of the origin, it's descriptive of the type of goods. Trademarks indicate origin and must do so distinctively to be registered. This post is my own view, not legal advice, and unrelated to my employment.
- throwawaycities 5y ago
  And “ACME” is very likely already registered in any desired class for the particular good. It also creates bigger questions about Amazon’s brand/trademark practices vis-a-vis forum selection where registration fees and criteria are minimal and rights are liberal. Assuming it was successfully filed, actually returning the marketplace/reviews to OP would actually be more troubling…in other words Amazon would be willing to take the marketplace/reviews from a legitimate Trademark holder with an earlier filing date and give it to a legitimate Trademark holder with a later in time filing date from another jurisdiction. Disclosure: I’m a lawyer and have actually represented a client that registered trademark A, sole the product on Amazon, then Amazon began selling a competing product with a similar (not identical spelling but pronounced the same) name they successfully trademarked B, ironically the USPTO rejected our clients trademark for C on the basis it was “to similar to B” whereas the USPTO never found B was similar to A. The difference between A and C being addition of a logo to the word mark.
  - wgjordan 5y ago
    > Amazon began selling a competing product with a similar (not identical spelling but pronounced the same) name they successfully trademarked B Trademarks are published for opposition for this reason, right? Client could have filed an opposition against the confusingly similar mark during the opposition period and it never would have ended up in that situation with trademark C. Monitoring trademarks posted to the Official Gazette is an extra burden but important if your brand is valuable.

pbhjpbhj 5y ago

Indeed, "Klein bottle" is not descriptive of the origin, it's descriptive of the type of goods. Trademarks indicate origin and must do so distinctively to be registered. This post is my own view, not legal advice, and unrelated to my employment.

throwawaycities 5y ago
And “ACME” is very likely already registered in any desired class for the particular good. It also creates bigger questions about Amazon’s brand/trademark practices vis-a-vis forum selection where registration fees and criteria are minimal and rights are liberal. Assuming it was successfully filed, actually returning the marketplace/reviews to OP would actually be more troubling…in other words Amazon would be willing to take the marketplace/reviews from a legitimate Trademark holder with an earlier filing date and give it to a legitimate Trademark holder with a later in time filing date from another jurisdiction. Disclosure: I’m a lawyer and have actually represented a client that registered trademark A, sole the product on Amazon, then Amazon began selling a competing product with a similar (not identical spelling but pronounced the same) name they successfully trademarked B, ironically the USPTO rejected our clients trademark for C on the basis it was “to similar to B” whereas the USPTO never found B was similar to A. The difference between A and C being addition of a logo to the word mark.
- wgjordan 5y ago
  > Amazon began selling a competing product with a similar (not identical spelling but pronounced the same) name they successfully trademarked B Trademarks are published for opposition for this reason, right? Client could have filed an opposition against the confusingly similar mark during the opposition period and it never would have ended up in that situation with trademark C. Monitoring trademarks posted to the Official Gazette is an extra burden but important if your brand is valuable.