Protección de marcas para marcas de comercio electrónico
Built for Amazon, Walmart, Shopify, eBay — and sellers expanding everywhere
- Selling online is fast. Copycats are faster.
- If your brand name is showing up on your products, packaging, listings, social media, and ads — you’re already exposed. And on most marketplaces, your ability to control listings, remove counterfeiters, and prove brand ownership depends on having the right trademark strategy in place.
- We help e-commerce sellers secure enforceable trademark protection, then use it to unlock the platform tools that actually matter: Brand Registry, Brand Portal, takedowns, listing control, and long-term brand asset maintenance.
Why marketplaces “force” trademarks (even when sellers don’t realize it)
Amazon (Brand Registry)
Amazon requires your brand name to be clearly visible and permanently affixed to the product or packaging for Brand Registry enrollment — and it rejects stock photos, digital mockups, overlays, and non-permanent branding like stickers or tags.
Walmart (Brand Portal)
Walmart’s Brand Portal requires an active USPTO trademark registration for each brand.
Walmart also flags a common seller issue: a pending serial number (often 8 digits) isn’t eligible the way an active registration number is.
Shopify (takedown response reality)
Shopify allows rights-owners to submit trademark complaints — and it provides a defined process for merchants to respond through the admin (including jurisdiction/perjury statements). When sellers get hit with a bad complaint, the response needs to be structured and credible.
eBay (VeRO reporting)
eBay’s VeRO system exists specifically for IP owners (including trademark owners) to report infringing listings — and tooling exists for VeRO members to submit and track reports.
Bottom line: your trademark isn’t “paperwork.” It’s the credential that turns you from seller into brand owner across platforms.
What sellers get wrong (and why it costs them months)
1) “I filed, so I’m protected.”
A filing date can matter, but filing is only the start. USPTO review, publication, opposition windows, and (for intent-to-use) Statements of Use create real choke points.
2) The specimen problem
Amazon and the USPTO both scrutinize whether your mark is shown the right way on real goods. Amazon is explicit that mockups and digitally altered images don’t work.
If your branding is “almost right,” you can lose time, get rejected, or end up with a trademark that doesn’t help on platforms.
3) Choosing a weak name
Descriptive or generic-leaning names trigger refusals. Sellers often discover this only after they’ve printed packaging, built listings, and ordered inventory.
4) Cheap filing services don’t do strategy
Many services submit forms. They don’t protect you from platform-specific outcomes, office actions, or enforcement failures — because that requires legal judgment, not data entry.
Our trademark services for e-commerce brands
1) Trademark Clearance + Brand Strategy (before you waste money)
We start by answering the questions sellers wish they asked first:
- Is your brand name actually registrable (or is it too descriptive)?
- Are there conflicts that will likely trigger refusal?
- Should you file a word mark, a logo, or both?
- What’s the cleanest path for your marketplace goals?
Deliverables typically include a clear “go / no-go” recommendation and filing plan.
2) USPTO Filing (done right the first time)
We prepare and file your application with the details that cause most DIY mistakes:
- Correct owner (individual vs LLC vs holding company)
- Goods description and class strategy
- Filing basis selection: Use in Commerce (1(a)) vs Intent to Use (1(b))
- Specimen planning for physical products and packaging
- Consistent brand presentation that aligns with marketplace expectations
3) Brand Registry + Brand Portal readiness (Amazon/Walmart)
We help you build a clean enrollment file so you’re not stuck in back-and-forth loops:
- Product/packaging image guidance aligned with Amazon’s “permanently affixed” rule
- Documentation organization for platform submission
- Brand ownership positioning for Walmart’s Brand Portal eligibility (active registration requirement)
4) Office Action responses (the “you’re stuck” moment)
When the USPTO issues an Office Action, most sellers lose months because they:
- miss deadlines,
- respond incorrectly, or
- make changes that weaken enforcement later.
We prepare legal responses to refusals such as:
- likelihood of confusion,
- descriptiveness,
- specimen refusal,
- identification/classification issues.
5) Intent-to-Use management (NOA → SOU → extensions)
If you file before launch, you need a docketed plan for:
- Notice of Allowance deadlines,
- extension requests,
- Statement of Use timing,
- specimen readiness before you spend on packaging.
This is where many ITU filings die — not because the brand was bad, but because the deadlines weren’t managed.
6) Post-registration maintenance (the part sellers forget)
Trademarks don’t “stay registered” automatically. We calendar and manage:
- maintenance filings,
- owner/address record accuracy,
- portfolio expansion planning as you add SKUs or categories.
7) Platform enforcement support (multi-platform reality)
Once you have rights, we help you use them:
- Amazon infringement reporting and evidence organization
- Walmart Brand Portal claim filing structure (once eligible)
- eBay VeRO reporting workflows
- Shopify takedown response drafting when you’re targeted unfairly
How we’re different
We’re not a filing service — we’re a brand protection and platform access partner
Most sellers don’t just want a trademark certificate. They want:
- Brand Registry approval,
- listing control,
- enforcement leverage,
- fewer platform headaches,
- and a brand asset that holds value during exit.
We build the trademark to function inside platform enforcement systems, not just inside the USPTO database.
Attorney + CPA perspective (structure matters)
We look beyond “who files” and ask:
- Which entity should own the mark?
- Do you need assignments or cleanup if you’ve changed entities?
- How does brand ownership fit into your operations and longer-term valuation?
(We coordinate tax treatment and documentation strategy as part of overall business planning; specific tax outcomes depend on your facts and your broader filing posture.)
Who this is for
- Amazon sellers trying to get (or keep) Brand Registry
- Walmart Marketplace sellers who need Brand Portal eligibility and brand control
- Shopify DTC brands dealing with counterfeiters, copycat stores, or bad-faith complaints
- Multi-platform sellers expanding into new channels and new products
- Sellers who already filed and now have an Office Action or rejection
What the process looks like
- 1. Intake + brand review (your name, logo, products, packaging, platforms)
- 2. Clearance + strategy (what to file, how to file, and why)
- 3. USPTO filing (clean application + marketplace-aligned evidence plan)
- 4. Monitoring + responses (office actions, publication, deadlines)
- 5. Registration + maintenance plan (keep the asset alive)
- 6. Platform enforcement support (use the trademark to protect listings)
Get started
If you’re building a real e-commerce brand, don’t wait until a hijacker is draining your sales or a marketplace denies your enrollment.
Schedule a consultation and we’ll map the fastest defensible path based on:
- whether you’re already selling (1(a)) or pre-launch (1(b)),
- what your product/packaging currently shows,
- and which marketplaces you need to unlock first.
O & G Tax and Accounting Services, LLC
Defensores de la justicia de Oware
(Nationwide trademark support for U.S. e-commerce sellers)
***Descargo de responsabilidad: Esta comunicación no pretende ser asesoramiento fiscal y no genera ninguna relación entre un asesor fiscal y un abogado.**
