How to Avoid Trademark Infringement

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Don’t accidentally use a trademarked word or phrase when publishing your book!
Watch today’s video to find out:
-Where exactly to watch out for possibly trademarked words and phrases
-The necessary steps to avoid the use of a trademarked word or phrase
-How to use the USPTO database to see if a word or phrase has been trademarked
Taking these steps before creating another book, author name, or book description will help keep your KDP account safe from termination and your business safe from possible legal action. And, you’ll be able to rest easy knowing you’ve crossed all your “t”s, and dotted all your “i”s.
*I’m not an intellectual property lawyer, so don’t take any portion of this video as legal advice. For specific questions about specific words or phrases, contact an intellectual property lawyer.
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LINKS DISCUSSED:
USPTO: www.uspto.gov/trademarks-appl...
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Пікірлер: 65

@RachelHarrisonSund 4 жыл бұрын

Thanks for watching! Have you had any run-ins with inadvertent copyright or trademark infringement before? What was your experience, and how did you resolve it?

@firozsora3900 4 жыл бұрын

i had no copyright issue and just want to use quotes in my future books and thank you for the reply and awesome channel

@joefawley9264 3 жыл бұрын

Someone has trademarked my series I've been writing for a long time. Example. The name harry potter has been trademarked. Can I rename my series to "the adventures of harry potter"

@akbh9846 4 жыл бұрын

Great tips as always! I've watched some of your videos and they're really helpful. Just uploaded 40 books this week and sold 1 today. Keep up the great work!

@RachelHarrisonSund 4 жыл бұрын

Awesome, congrats on the sale!

@3PairDesigns 4 жыл бұрын

Rachel, like all of your videos, this was incredibly helpful and informative. I had an idea for a book (LC) and had it all set and failed to search a common phrase. I found that there is an actual logo that is a registered trademarked that has the same words as PART of the logo. However, it was specific to photographs, color prints, graphic art prints and photograph prints. Then it went on to list out the details of the design but I zeroed in on the "Mark Drawing Type" and it was specific and said "An illustration drawing which INCLUDES words/letters and numbers". I felt I was safe using this popular term/words since I was in no way using their actual logo AND the words. I hunted around the internet and found numerous instances of songs, books, even art work using the phrase. I would not have known to check that source if not for you and your amazing video. Thank you again! 😉

@fayb6389 4 жыл бұрын

Watched many videos on trademark, and none provided the information you have. Because of you excellent presentation and indepth info, I had to subscribe. Thank you!

@WaleedNezzar 4 жыл бұрын

Thank you Rachel this is the most painful part in the Amazon business. great information.

@RachelHarrisonSund 4 жыл бұрын

You're welcome!

@TailsAndTravels4 4 жыл бұрын

Thanks for this video Rachel. I went through my books today and found one that has a trademarked phrase in the US. I hadn't sold any yet so no worries there. I unpublished it on Amazon. Going to definitely check everything going forward. Thanks again!

@RachelHarrisonSund 4 жыл бұрын

Good catch Shannon!

@leogomez7491 4 жыл бұрын

Excellent videos! Much needed information. Thank you.

@raymakara 4 жыл бұрын

Thanks Rachel. More great information...as always!

@RachelHarrisonSund 4 жыл бұрын

Appreciate it, Ray!

@sonjabendz8732 4 жыл бұрын

Thank you Rachel! Great tips as always!

@RachelHarrisonSund 4 жыл бұрын

Thanks, Sonja!

@adelabdel-azim5261 4 жыл бұрын

Very nice and helpful information Rachel

@mohamedbouaddi9098 4 жыл бұрын

awsome information thank you

@pierre-louisdrevon2213 2 жыл бұрын

Very usefull, Rachel, thanks!

@relaxingsnoozy1189 2 жыл бұрын

Hi can we use like , cricket notebook then basketball notebook like that mention " cricket" or " basketball " sports. It is allow or not allow to publish on kdp ? Please reply

@kettyketty637 3 жыл бұрын

Great video thank you.. I have a question like o found sometimes some long phrase 6 words at one time are trademark example: Creative summer words education workbook If i use in my book only" summer words" because my book is about summer is it going to be a trademark infrigiment ? If i use

@moniawrobel3362 3 жыл бұрын

Hello, do we need to check if a word or quote inside of the notebook, coloring book is a trademark? Or we can check only trademarks on the cover?

@SrOggO 4 жыл бұрын

Hello Rachel. Very nice video. I have a question. Can I use the name of an actor, famous, sports like "Lionel Messi notebook", "Richard Gere Notebook" ? THANK YOU!

@ManuMB_ 4 жыл бұрын

Hi Rachel, thanks for your great channel. This all stuff about trademarks seems to be a mess for me. Imagine a video game "Candy Crash", or a enterprise "Herbalife" that are trademarket (obviously). It does mean that I can not creat books called "Candy crash guide for winning" or "How to be an Herbalife distributor"? 2º If "The paleo diet" is trademarket, Can I use "The paleolitic diet" or "the perfect paleo diet"? Where is the limit? This is so messy :( Thank you very much

@RodrigoKaraoke 3 жыл бұрын

Thanks for the video! So the word BEATS is trademarked. If I designed a shirt to be sold online that said LOVE BEATS, with a generic heart and headphones, would that infringe their trademark rights?

@LifeinGlow 2 жыл бұрын

thank you for video, it seems quite tricky! especially if to sell in a few countries. Let's say if I created a certain technique in psychology / coaching, etc (and it seems that noone is using it in a such a way, should I search in the trademark database the phrase itself or the phrase with the word technique? I can't afford yet to trademark the phrase (and not even sure if I should to be honest), but would like to share it in a video and possible develop later. what I realized by chance though is that there is a book by a famous influence with the (phrase) name. however it did not appear in the database as trademarked, only with an extra word, that is slightly different.

@justaudrey312 4 жыл бұрын

Would you know by any chance a platform to directly check all worldwide trademarks? Because if published on Amazon, we pretty much target everyone everywhere and it becomes a pain in the butt to make that research with 100% accuracy. Thanks for your reply.

@funny11744 3 жыл бұрын

About copyright infringement: I want to write a book distributed USA (not UK) on Amazon but using very few information from a UK website that has mention UK copyright . Is there any problem ?

@user-dw7ze9or3y 2 жыл бұрын

I have a question I publish a book with the term curious cat journal and I make my trademark research and I found that I was not a trademark. but after a while make I check just the phrase curious cat and found that it is my trademark. what should I do to avoid amazon termination for that issue?

@gertrude3278 4 жыл бұрын

Hi. Would using a partial word from a trademark phrase be allowed? Say, “Paleo” or “Paleo Diet” was not registered, but “The Paleo Diet” was. Would it be acceptable to use “Paleo” or “Paleo Diet” on your products?

@annabellak.2864 2 жыл бұрын

I see dot grid journals having "for bullet journaling" in the description. Do you think using it that way makes any difference? It feels like yes and no. I also wondered if books appear in the search for the term "bullet journal" but don't have the word visible anywhere, they must have it in the keywords, don't they? Though these are mostly not KDP books but stationery, I don't know how that works for them, but those words have to be somewhere I suppose.

@Das0000 2 жыл бұрын

Is there a site or an app that notify you when some of your text you put in your business gets trademarked?

@mythresh09 3 жыл бұрын

am kinda confused here, I just completed my book (non fiction-self help) and I've took references and stats from the internet, can I avoid copyright issues by providing the link and sources under "reference" at the end of the book ?

@kayleygrey3986 4 жыл бұрын

Thanks for the video Rachel. How does this work in an international sense, do we need to check trademark databases in every country, and what if we aren't residing in the US?

@RachelHarrisonSund 4 жыл бұрын

You're welcome Kayley! Every country has its own trademark database, you'll need to check them for every country that you intend on selling your book in, regardless of where you live.

@andonrangelov8844 2 жыл бұрын

There are many cases when Amazon just close its eyes to trademark infringements. Can you comment on this? For example "origami" is a trademark, but KDP is full of many book titles with Origami. How is possible? i can not understand...

@GloryBeToGodForever 4 жыл бұрын

Very important and useful information. May the *Lord Jesus Christ* continue to bless you.

@mdabdurrahim7814 4 жыл бұрын

If unpublished my paperback books, can I get rid of trademark infringement?

@simohazmi6555 Жыл бұрын

hello i have been sued by company casue in did us e there product the attorney said that i should pay 1000 dollar what i should do

@CookingLessonsforDad 2 жыл бұрын

Why should you use another name instead of your own? If I make. Cookbook do you need to tell about the author? How do I tell about an author that is not real?

@Djaxprodz12 4 жыл бұрын

If we find a phrase is trademarked for another industry, how can we find out if we can use it? You mentioned, you may still be able to use the name if it's a different industry.

@RachelHarrisonSund 4 жыл бұрын

If it's in a completely different industry then you should be able to use it. Just keep in mind that there may be instances where a company expands into other sectors, so it might become trademarked by them in the future. If that seems likely, then err on the side of caution and don't use it. You also have the option of applying for trademark yourself, or getting the advice of an intellectual property lawyer-both costly endeavours.

@shelleyadams119 4 жыл бұрын

Say that I use a phrase and it is not trademarked, but then after I use it it becomes trademarked at a later date? Am I "grandfathered" into using that phrase, so to speak since I used it prior to the trademark being registered?

@RachelHarrisonSund 4 жыл бұрын

You'd need to talk to an intellectual property lawyer about that. I once used a phrase that someone else tried to trademark about a year after I was using it, and I was able to contest the application on the grounds of prior use. But I did need the help of a lawyer.

@pcristu 4 жыл бұрын

Thank you very much for the video! I do have one point to discuss. I know I can not use trademarked terms in the title and description. But I belive that we can use them in the keywords section. Can you please assure me if I am wrong or not? Thank you again for your help and valuable information. Have a beautiful day! 😊

@RachelHarrisonSund 4 жыл бұрын

I'm not sure if they explicitly prohibit trademarked words or phrases in the keyword slots, but they do state that they have a zero tolerance policy for anything "misrepresentative", which could be interpreted to include using trademarked phrases that represent another brand. So I would steer clear of using them altogether.

@pcristu 4 жыл бұрын

@@RachelHarrisonSund thank you very much for your reply! Since my hat is so white that it can blind you, I will stay away also! 😊

@meezeeneezee7655 Жыл бұрын

Let me find out the person that stole my identity is also trying to trademark my name

@firozsora3900 4 жыл бұрын

How can we find out quotes are trade mark please can you help

@RachelHarrisonSund 4 жыл бұрын

Look them up in the USPTO database.

@billelmahmouche4597 4 жыл бұрын

How about the UK and fr markets? do we have to check trademarks as well? thank you

@RachelHarrisonSund 4 жыл бұрын

Yes, each country has its own trademark database, so you'll need to check the corresponding database for any foreign markets you plan to sell in. For English phrases the main one to check is the USPTO, but you may want to check any other English-speaking countries' databases as well.

@billelmahmouche4597 4 жыл бұрын

@@RachelHarrisonSund thank you rachel I am checking for france uk and usa.

@mohamedmakhloufi7595 4 жыл бұрын

Hi rachal . What about music title if you use a music title for notebook but have no relation of music like shit i cant remember for log book I cant remember is music title Is this violation for copyright??

@RachelHarrisonSund 4 жыл бұрын

Hi Mohamed, a song title would definitely be protected by copyright, unless it's considered a "common use" phrase. "Shit I can't Remember" seems like it would be common use, but if you're feeling unsure about, I'd not use it.

@mohamedmakhloufi7595 4 жыл бұрын

Thank you rachal .about it everyone have an opinion about it I see in officiel web site for copyright that book title song name. Can't be copyrighted because its a short phrase.

@funnyvideosvines456 4 жыл бұрын

i have a question please ! in this case ==> Goods and Services: IC 009. US 021 03 038. G & S: Protective cases for smartphones. FIRST USE: 20101. FIRST USE IN COMMERCE: 201801 IC 05. US 022 039. G & S: T-shirts. FIRST USE: 201801. FIRST USE IN COMMERCE: 201801 (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS i have a question here in the third point (3) ==> {(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS } i don't have the right for using those word only in cases for smartphones and T-shirt or i can use it in KDP or i can't use it in kdp help me pleasee !!!

@RachelHarrisonSund 4 жыл бұрын

Hi there; unfortunately I can't give specific advice, as I'm not an intellectual property lawyer. If you're unsure you'd have to contact a lawyer for professional legal advice.

@mohamedmakhloufi7595 4 жыл бұрын

Rachal i see alot of people who make a cockbook and write paleo diet but with other word .(we can use a tredmarked word in phrase)

@Ali-ht2jd 4 жыл бұрын

The same question

@RachelHarrisonSund 4 жыл бұрын

The phrase, "The Paleo Diet" is trademarked, so no one is legally allowed to use it, even if it's inside a longer phrase. If it's trademarked, don't use it at all.

@AbqDesigns Жыл бұрын

How can The Paleo Diet be trademarked? It is ridiculous because these are common words now. Amazon was gentle with you because the trademark did not make sense.

@leosuniverse 4 жыл бұрын

Mandala would of been a good example. You used it in your last clip. It's one I think (last I checked) where you can't use the word on a shirt or something. description and an actual one you can use. Someone scared me with that one day.

@RachelHarrisonSund 4 жыл бұрын

Do you mean that the word "mandala" is trademarked?

@leosuniverse 4 жыл бұрын

@@RachelHarrisonSund Yes. Someone said that to me and I looked. I think it meant only for the word to be put on a product. I remember I was so confused by the trademark on it.