Trademark Basics
Reviewed by MoxMark IP Operations
Guidance is checked against official filing sources and the practical trademark workflows MoxMark handles for e-commerce brands.
Official references
A trademark is a legal identifier that gives a brand owner exclusive rights to use a specific name, logo, phrase, or symbol in connection with particular goods or services. As of 2026, understanding what a trademark is—and what it is not—remains one of the most common knowledge gaps among e-commerce sellers building brands for global markets. Getting this foundation right shapes every registration and enforcement decision that follows.
Key Takeaways
A trademark protects the source identifiers that distinguish your goods or services from those of competitors. This includes brand names, logos, slogans, product packaging designs, and in some cases sounds or colors. What a trademark does not protect is the underlying product, the technology behind it, or the creative content within it—those fall under patent and copyright protection respectively.
For online sellers, the most commonly registered trademarks are word marks and device marks. A word mark covers the brand name in plain text, regardless of font, color, or stylistic treatment. A device mark covers a specific logo or graphic element. A combined mark protects both the name and logo together as a single unit. Word marks typically offer the broadest scope of protection because registration is not tied to a specific visual presentation, making it harder for competitors to adopt a similar name in any style.
Understanding what the trademark covers also means understanding what it does not cover. A registered trademark will not prevent a competitor from selling the same category of product. It will not prevent someone from using your brand name in a descriptive or nominative context, such as in a comparative advertisement. And it will not block uses in entirely unrelated industries where no consumer confusion is likely.
Trademark rights arise in two ways: through actual use in commerce, or through registration with an official intellectual property office. In the United States, common law rights arise automatically when a seller genuinely uses a distinctive brand name in connection with specific goods in commerce. These rights are real but limited—they apply only in the geographic area where the mark has been used, they are difficult to enforce across state lines, and they carry no presumption of validity that can be used in legal proceedings.
Registered rights created by filing with the United States Patent and Trademark Office (USPTO), the European Union Intellectual Property Office (EUIPO), or another national IP office are substantially stronger. Registration creates a public record of ownership, establishes a legal presumption that the mark is valid and owned by the registrant, provides nationwide or region-wide priority from the filing date, and enables a range of enforcement tools that are unavailable to common law claimants.
For sellers operating on global marketplaces, relying on common law rights alone creates enforcement gaps that bad actors can exploit.
Trademark protection does not travel across borders automatically. A trademark registered with the USPTO provides enforceable rights only within the United States. It provides no protection in Canada, the United Kingdom, the European Union, China, Australia, or any other jurisdiction—even if you are actively selling into those markets.
This is a particularly important concept for Amazon sellers operating across multiple storefronts simultaneously. Selling on Amazon.co.uk without a UK trademark registration means your brand name is unprotected in that market, even if you have a valid US registration. A competitor or bad actor could register your brand name in the UK first and use that registration to challenge your listings or your Brand Registry access in that region.
The Madrid System, administered by the World Intellectual Property Organization (WIPO), allows brand owners to file a single international application that designates multiple countries simultaneously. This can reduce administrative complexity compared to filing separate national applications in each market. However, each designated country still examines the application under its own national rules, and examination outcomes vary by jurisdiction.
The ™ symbol indicates that a person or business is claiming trademark rights in a name or logo. Using ™ does not require a registered trademark. A seller can use ™ after filing an application with the USPTO or even before filing, as long as a genuine claim of trademark rights is being made in connection with commercial use. The ™ symbol signals to the market that the name is being treated as a brand identifier.
The ® symbol indicates that the trademark has been officially registered by the relevant IP office and that the registration is in force. Using ® before registration is granted is illegal in most jurisdictions and can carry penalties. In the United States, improper use of ® can be raised as a defense by an infringer and may affect the strength of an enforcement claim.
Sellers should use ™ after filing their application and switch to ® only after receiving the official registration certificate from the IP office. The distinction matters in both legal and marketplace contexts.
Trademarks are registered in specific categories of goods and services under the Nice Classification system, which divides products and services into 45 classes. A trademark registered in Class 25 (clothing) does not automatically provide protection for goods in Class 18 (leather goods and bags), even when those product categories overlap significantly in consumer perception.
Sellers should identify all relevant classes before filing. Registering only in the class that covers a current primary product can leave gaps that competitors can exploit. For example, a seller registered in Class 9 for electronic devices but not in Class 28 (games and toys) may find that a competitor registers a similar name in Class 28 and uses that registration to create confusion in adjacent product categories.
A trademark search helps sellers understand which classes are already occupied by similar marks and informs the class selection decision before fees are paid.
Registration is a powerful tool, but sellers should understand its limits clearly. A registered trademark does not guarantee that your mark is entirely free of conflicts with earlier unregistered rights. It does not prevent all uses of similar names—uses in unrelated industries where no consumer confusion is likely may still be permissible. It does not give you ownership over common descriptive words in everyday language. And it does not automatically stop sellers from copying your product design, your product images, or your listing content—those issues require copyright or design right enforcement.
Registration also does not make enforcement automatic. A registrant still needs to monitor the market, identify infringers, and take action. An unused trademark can be challenged for non-use in most jurisdictions after a specified period of non-use—typically three to five years depending on the country.
Several marketplace protection programs require trademark registration as a baseline credential. Amazon Brand Registry requires a registered trademark or a pending application from an accepted IP office. Without Brand Registry access, sellers cannot use Amazon's proactive brand protection tools, Report a Violation system, A+ Content, or Sponsored Brand advertisements.
Customs enforcement agencies in the United States, the European Union, China, and other major markets allow brand owners to record registered trademarks against counterfeit imports. Customs officers can then detain shipments bearing infringing marks at the border. This mechanism is available only to registered trademark holders.
Cease-and-desist communications also carry significantly more weight when backed by registration. A registered trademark owner can reference a specific government record with a filing date and registration number, making priority claims straightforward. Common law claimants must prove priority through sales records, marketing evidence, and geographic scope of use—a substantially heavier evidentiary burden.
MoxMark handles global trademark registration with transparent pricing that breaks down both the service fee and the official government fee before you commit. No hidden costs, no opaque billing.
View Trademark Registration Pricing
Q: What is the difference between a trademark and a patent?
A: A trademark protects brand identifiers such as names, logos, and slogans that indicate the source of goods or services. A patent protects inventions and functional innovations. The two cover different types of intellectual property, are administered by different processes, and are valid for different durations. Most e-commerce sellers need trademark protection; manufacturers of novel inventions may need both.
Q: Do I need to register a trademark to sell on Amazon?
A: Registration is not legally required to sell on Amazon, but it is required to access Amazon Brand Registry. Brand Registry provides access to brand protection tools, A+ Content, Sponsored Brand advertising, and the Report a Violation system. Sellers without a registered trademark have significantly fewer options when dealing with listing hijackers or counterfeit products.
Q: Can I use the ™ symbol before my trademark is registered?
A: Yes. The ™ symbol can be used as soon as you begin using a name or logo as a brand identifier in commerce, or after you have filed an application. It signals a claim of trademark rights without implying that registration has been granted. The ® symbol may only be used after the trademark is officially registered.
Q: Does a trademark registered in the US protect me on international Amazon marketplaces?
A: No. A US trademark registration protects your brand only within the United States. Selling on Amazon UK, Amazon DE, Amazon JP, or any other international storefront without corresponding local registrations means your brand is unprotected in those markets. Each country or region requires its own trademark application.
Q: How long does trademark protection last?
A: A registered trademark can last indefinitely as long as it is in active commercial use and renewal filings are made at the required intervals. In the United States, the first renewal is due between the 5th and 6th year after registration, and then every 10 years thereafter. Most other major IP offices require renewal every 10 years from the registration date.
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