Tag: trademark

Why E-Commerce Entrepreneurs Need to Register Their Trademark in the UAE

Posted on by trademarkangel

In today’s digital age, e-commerce is booming, and the United Arab Emirates (UAE) has become a key hub for online businesses. With its rapidly growing economy and a tech-savvy population, the UAE is a hotspot for e-commerce entrepreneurs. However, with opportunity comes competition, and safeguarding your brand is essential. One of the most crucial steps an e-commerce entrepreneur can take is registering a trademark. This article will explore why registering a trademark in the UAE is so important for online businesses, along with real-world examples to highlight its significance.

1. Brand Protection in a Competitive Market

The UAE is home to a bustling market where both local and international players are constantly vying for consumer attention. As an e-commerce entrepreneur, your brand is your identity, and it distinguishes you from competitors. By registering a trademark in the UAE, you legally protect your brand name, logo, slogan, or other identifying elements from being copied or misused by others. Consider a scenario where an e-commerce business called “Glam Shop” is selling beauty products online. If “Glam Shop” hasn’t registered its trademark, another company could launch a similar business under the same or a very similar name. This would not only confuse customers but could also damage the original brand’s reputation if the other company provides inferior products or services. By registering the trademark, “Glam Shop” would gain exclusive rights to its brand name and prevent any other business from using it in the UAE.

2. Legal Protection and Enforcement

Trademark registration gives you the legal backing to enforce your rights. Without a registered trademark, you might find it difficult to take legal action against infringers. The UAE has strong intellectual property laws that protect registered trademark holders, making it easier to take down counterfeit products or pursue infringers in court. For example, if an e-commerce entrepreneur selling designer clothing discovers that a competitor is using a very similar brand name and logo to sell knockoff products, they can file a complaint with the authorities and seek legal recourse—provided their trademark is registered. The UAE’s Ministry of Economy is diligent about protecting intellectual property rights, and registered trademark owners have the authority to stop infringing parties and even seize counterfeit goods.

3. Building Customer Trust and Loyalty

A registered trademark helps build trust and credibility among consumers. In the e-commerce world, where customers can’t physically see or touch the products before purchasing, trust plays a significant role in purchasing decisions. A recognizable and protected brand reassures customers that they are buying from a legitimate source. Let’s take “Desert Deals,” a fictional UAE-based e-commerce platform selling electronics, as an example. If Desert Deals has its trademark registered, it sends a signal to consumers that the brand is professional, established, and reliable. Customers are more likely to buy from a company that has protected its brand identity because it shows that the business is here for the long term and cares about its reputation.

4. Preventing Costly Rebranding

One of the most significant risks of not registering a trademark is the possibility of having to rebrand if another company already owns the rights to the name or logo you’re using. Rebranding is not only costly, but it can also be disruptive to your business. It means changing your website, marketing materials, and even product packaging, all of which can result in a loss of customer recognition and trust. Imagine an e-commerce entrepreneur launches a clothing store under the name “Urban Threads,” only to discover a year later that another company has already registered that name in the UAE. If the entrepreneur hasn’t registered their trademark, they may be forced to change the business name and start from scratch. This process can be expensive and time-consuming, not to mention the potential loss of customers who were familiar with the original brand name.

5. International Expansion Opportunities

The UAE is a gateway to international markets, and many e-commerce businesses in the country have global ambitions. Registering your trademark in the UAE can serve as a foundation for expanding your brand into other countries. The UAE is a member of the Madrid Protocol, an international treaty that allows for easier trademark registration in multiple countries. By registering your trademark in the UAE, you can leverage this system to expand your brand protection to other markets in the Middle East, Europe, and beyond. For instance, if an e-commerce entrepreneur has plans to expand their business to Saudi Arabia, Qatar, or even Europe, having a registered trademark in the UAE makes it easier to secure trademark protection in those regions as well. This can save both time and money in the long run, providing broader protection for the brand across multiple markets.

6. Enhanced Value of Your Business

A registered trademark is an intangible asset that adds significant value to your business. If you ever decide to sell or merge your company, having a registered trademark can increase the overall valuation of your business. Potential buyers or investors see trademark registration as a sign that the brand is established, secure, and well-protected, making it a more attractive investment. Consider the case of an e-commerce entrepreneur who has built a popular online store selling organic skincare products. If this entrepreneur has registered the trademark for their brand, the business becomes more valuable to potential investors or buyers. A registered trademark ensures that the brand is protected from competitors, making it a valuable asset in any acquisition or merger deal.

7. Preventing Domain Name Disputes

In the world of e-commerce, domain names are just as important as trademarks. Many businesses have lost valuable domain names because they didn’t register their trademarks. In the UAE, a registered trademark can help you secure or defend your domain name if someone else tries to use it. For example, if you run an online business called “Tech Bazaar” and someone tries to register “techbazaar.ae” as a domain, having a registered trademark gives you the legal right to challenge that domain registration and claim it for your business. This is particularly important in the digital age, where domain names are directly tied to your brand’s online presence.

Conclusion

For e-commerce entrepreneurs in the UAE, registering a trademark is not just a legal formality—it’s a critical step in building and protecting your brand. From securing legal rights and preventing rebranding to enhancing customer trust and unlocking international expansion opportunities, trademark registration offers numerous benefits. In a competitive market like the UAE, where online businesses are thriving, ensuring that your brand is protected is key to long-term success. Don’t wait until it’s too late—take the proactive step of registering your trademark and safeguard the future of your e-commerce business.

What Are the Benefits of Trademark Registration in Turkey?

Posted on by trademarkangel

Turkey is a fast-growing economy, strategically located at the crossroads of Europe and Asia. As such, it has become a popular destination for both local and international businesses. For entrepreneurs and companies looking to establish or grow their brands, trademark registration in Turkey is a vital step. A registered trademark offers legal protection and gives the owner exclusive rights to use a name, logo, or symbol. But the benefits of trademark registration go far beyond just protecting a brand’s identity. Let’s dive into the reasons why trademark registration in Turkey is so important and the advantages it brings.

1. Exclusive Rights to Your Brand

When you register a trademark in Turkey, you gain exclusive rights to use that name or symbol for the goods or services you offer. This means that no other business can legally use the same or similar mark in Turkey for the same types of products or services. For example, if a Turkish company sells olive oil under the brand name “Oliva Gold,” registering that name as a trademark would prevent another business from selling olive oil under the same or a confusingly similar name. Without registration, competitors could easily copy the brand name and potentially confuse customers, weakening the original business’s market presence.

2. Legal Protection Against Infringement

A registered trademark allows you to take legal action against anyone who tries to use or infringe upon your brand. In Turkey, trademark registration provides a strong legal foundation to file a lawsuit against infringers, counterfeiters, or unauthorized users of your mark. The Turkish Patent and Trademark Office (TPTO) and Turkish courts recognize and enforce trademark rights for registered owners. Let’s imagine an example. A Turkish company called “Bosphorus Textiles” is selling fabrics and clothing under that brand name. Without trademark registration, another business could come along and start selling similar products under a confusingly similar name, like “Bosporus Fabrics.” The original business may face difficulties taking legal action if their brand is not registered. But with trademark registration, “Bosphorus Textiles” could easily file a lawsuit, stop the infringer, and seek compensation for damages.

3. Deterrence Against Competitors

By registering your trademark, you also send a clear message to competitors that your brand is protected by law. The fact that your brand is registered in Turkey acts as a deterrent, reducing the likelihood of competitors copying your name, logo, or other brand elements. For example, consider a Turkish coffee company called “Café Ottoman” that specializes in high-quality, artisanal coffee blends. Once the company registers its trademark, it places a public notice that the brand is protected. Competitors will be much less likely to imitate the “Café Ottoman” brand, knowing that the business could easily take legal action if needed.

4. Building Customer Trust and Recognition

A trademark is an essential part of building a strong and recognizable brand. When customers see a registered trademark, they associate it with a certain level of trust, quality, and reliability. In Turkey’s competitive marketplace, a recognizable and legally protected brand helps you stand out from the crowd. Let’s take the example of a popular Turkish cosmetics company, “Anatolia Beauty.” By registering the trademark, the company ensures that consumers recognize its products as genuine. Over time, as customers come to trust the quality of Anatolia Beauty’s products, the trademark helps build brand loyalty. Without trademark protection, knockoff or counterfeit products with a similar name could erode customer trust and damage the brand’s reputation.

5. Preventing Costly Rebranding

One of the biggest risks for businesses that don’t register their trademarks is having to rebrand if someone else registers a similar name first. Rebranding can be expensive, time-consuming, and disruptive to a business. This involves changing marketing materials, websites, product packaging, and sometimes even the core identity of the business. Imagine a small Turkish startup called “Istanbul Sweets,” which produces traditional Turkish delight. They launch their brand without registering the trademark, thinking it’s unnecessary. A year later, they find out that another company has already registered a similar name, forcing them to change their business name and start all over. This rebranding process is not only costly, but it also leads to confusion among customers, causing the company to lose momentum in the market.

6. Increasing Business Value

A registered trademark is an intangible asset that adds significant value to your business. Investors, buyers, and partners see a trademark as a sign of an established, credible brand. If you ever plan to sell or expand your business, having a registered trademark in Turkey enhances the overall value of your company. For instance, if a Turkish startup in the tech industry plans to seek investment or sell its business, having a registered trademark can make a big difference. A tech company with a well-protected brand, like “TechBridge Solutions,” will be far more attractive to potential investors than one without trademark protection. The trademark shows that the business has taken steps to safeguard its intellectual property and has built a recognizable, legally protected brand.

7. Facilitating International Expansion

Turkey is a member of the Madrid Protocol, an international treaty that simplifies the process of registering trademarks in multiple countries. Once you register your trademark in Turkey, you can use the Madrid Protocol to apply for trademark protection in other member countries. This is especially useful for businesses with plans to expand into the Middle East, Europe, or beyond.

For example, a Turkish clothing brand called “Ephesus Apparel” wants to expand into Europe. By using the Madrid Protocol, the company can easily register its trademark in several European countries without having to go through separate application processes in each one. This helps protect the brand in multiple markets and opens up new growth opportunities.

8. Protection from Domain Name Disputes

In the digital age, domain names are just as important as trademarks. Registering your trademark can help protect your brand’s online identity by preventing others from registering similar domain names. In Turkey, a registered trademark gives you the legal authority to challenge domain names that infringe on your brand. For example, if you run an online business called “Ankara Foods” and discover someone else has registered the domain name “ankarafoods.com,” having a registered trademark allows you to file a legal complaint to reclaim the domain. This prevents confusion and ensures that customers can find your business online without issue.

Conclusion

In Turkey’s dynamic and competitive business landscape, trademark registration is essential for protecting your brand, building customer trust, and ensuring long-term success. From gaining exclusive rights to your brand to increasing its value, the benefits of registering a trademark in Turkey are clear. Whether you’re a local entrepreneur or an international company looking to enter the Turkish market, securing your trademark is a smart investment that pays off in the long run. By taking this step, you not only protect your business but also lay the foundation for future growth and success.

The Race to Trademark: What Happens If Someone Beats You by a Day?

Posted on by trademarkangel

The Race to Trademark: Protecting Your Brand in a Competitive Landscape

In the fast-paced world of business, securing a trademark is essential for protecting your brand. But what happens if someone beats you to it? Understanding the implications of a competitor filing for your desired trademark before you do is crucial, particularly in countries like the United States, Canada, and Australia, where the “first to use” rule dominates trademark law.

Why Timing Matters in Trademark Registration

Imagine you’ve invested significant time and resources into building your brand. You’ve developed products, created marketing campaigns, registered a domain name, and finally decided to file for a trademark to protect your intellectual property. Then, the unthinkable happens—a competitor files for the same or a similar trademark just days before you. What’s next?

In “first to use” countries, this scenario might not spell the end, but it can complicate matters and lead to significant expenses. When a competing application arises, the Trademark Office typically issues an “Office Action,” highlighting potential confusion between the two trademarks. This is a safeguard to prevent identical or similar trademarks from existing in the same marketplace.

Navigating Trademark Disputes

If you find yourself in this situation, here are your options:

  1. Confirm the Application Details: Determine if you are the applicant for both trademarks. While unlikely, this possibility should be ruled out first.
  2. Refute the Office Action: You can draft a response arguing there’s no likelihood of confusion. This option is challenging if the trademarks and goods/services are closely related.
  3. Seek Consent from the Other Party: This involves obtaining written consent from the other trademark owner, allowing you to proceed with your application. While not ideal, this route is worth exploring with your trademark attorney.

If no action is taken, your application will be abandoned. However, if you can prove prior use of the trademark, you may request an extension of time to file an opposition. This gives you an opportunity to defend your rights to the mark.

The Importance of “First to Use” Principles

In countries like the U.S., Canada, and Australia, trademark rights are based on the first entity to use the mark in commerce, not the first to file. Known as “common law trademark rights,” this principle prioritizes businesses that can demonstrate prior use of the mark in connection with specific goods or services. Other nations that follow the “first to use” system include India, New Zealand, Ireland, and South Africa.

Protect Your Brand: Questions to Consider

  • Would it harm your business if a competitor used your trademark to promote their products or services?
  • Could you manage the cost and effort of rebranding if someone filed a trademark for your name before you?

If your answer to these questions is “yes,” don’t delay in safeguarding your brand.

Best Practices for Trademark Protection

To avoid conflicts, follow these steps:

  1. Conduct a Thorough Trademark Search: Before finalizing your brand, ensure no similar trademarks exist in your target markets.
  2. File Early: Submit your trademark application as soon as you decide to protect your brand.
  3. Use Your Mark Consistently: Don’t wait for your trademark to be filed or registered to start using it in commerce.
  4. Minimize the “Danger Gap”: This refers to the time between completing your trademark search and filing your application. Reduce this gap to avoid potential conflicts.

Conclusion

As the Arabic proverb says, “Precaution is better than cure.” Filing your trademark early and following the steps above can help you secure your brand and avoid costly disputes. Protecting your trademark is not just a legal formality; it’s a vital step in building and safeguarding your business identity.

For more information, consult your trademark attorney or visit trusted legal resources. Don’t wait—secure your brand today!

Should I file a trademark now or should I wait?

Posted on by trademarkangel

First of all, there is no legal requirement for you to file a trademark. However, it makes sense to do it.

Short read:

Ideally, you want to file a trademark for your brand as soon as you realize that your brand is valuable and that you don’t want to lose it to somebody else.

If you have spent time coming up with a unique name and logo, then you should take the time to protect it by trademarking.

Imagine what happens if you don’t trademark your brand?

Somebody may steal your name and use it as theirs. Or, you may receive a cease and desist letter asking you to stop using your name.

It is much more difficult for you to enforce your rights if you don’t have a registered trademark.

Registering your trademark is one of the most cost-effective and practical ways to protect your brand.

File a Trademark, by waiting to register you are not gaining anything but you are risking your brand. If somebody else decides to register your brand, it will be much more difficult for you to prove your rights.

So don’t delay – register today!

Long read:

The registration of a trademark is not compulsory and is completely voluntary. There is no legal requirement that a trademark must be registered. However, a business has so much to gain in protecting its trademarks through registration and literally everything to risk and to lose in the event of a trademark being “stolen” by a third party, diluted/copied by similar brands, and/or its products being pirated or passed off.

While the use of unregistered trademarks may have some limited protection depending on the length of its usage, on the amount of goodwill or reputation the unregistered brand has, and on the applicable common laws; trademarks without the benefit of registration cannot completely be protected. Most legal remedies for owners of trademarks that are infringed upon by third parties are only available if the trademarks are registered.

For example, a third party using a confusingly similar trademark can be sent a cease and desist letter for them to stop the use of such trademark on the ground of another business having a trademark registration for a similar brand. The registration presupposes and serves as evidence that a trademark is owned by its registrant. In case of failure to comply with the demand letter, the trademark registrant may file a complaint for trademark infringement against the third party encroaching on the rights of the registrant in connection with the exclusive use of their registered trademark. Moreover, the trademark registration will allow the registrant to claim monetary damages against the infringing third party in relation to the unauthorized use of the trademark.

These business strategies and legal remedies for the protection of the brands of a business will only be at the disposal of business owners if their brands have trademark registrations. Enforcing business owners’ rights over their trademarks will be complex and much more difficult if their trademarks are unregistered. Worse, scrupulous third parties may even register other business owners’ brands and may put the business owners who had been legitimately using their unregistered trademarks on the defense. In both cases, protecting their businesses will be complicated and will likely require lengthy and costly litigation.

Such complications on a business can be avoided simply by obtaining trademark registrations.

As registration is voluntary, it depends on the business owners when to file an application to register a trademark or brand they use in their business. However, it is prudent and most ideal that a brand is applied for registration as soon as the business realizes that the brand is valuable and that it does not want to take the risks associated with the use of unprotected trademarks. It must be remembered that a brand name or a business logo, like any other business assets, is a type of property that must be safeguarded.

Protecting a trademark through registration makes sense for a business that has spent time coming up with a unique name and/or logo. It will be a waste of time, resources and investments if a business had capitalized on the use of its brand and on building its reputation, only to discover later that another business has already registered either the same or a closely similar brand. As such, checking the availability of a word, slogan or logo for use on branding and marketing, as well as its eventual registration can be said to be a basic due diligence on the part of a business owner.

Trademark registration is one of, if not the most, cost-effective and practical ways to protect a brand and a business. The longer the delay that a trademark is applied for registration, the more likely a business is subjected to unnecessary risks and losses associated with passing off, piracy, unfair competition in the marketplace, and intellectual property theft.

Updated Nov 5, 2021

Trademark Assignment: Practical guide to Buying or Selling a Trademark

Posted on by trademarkangel

Trademark Assignment: Practical guide to Buying or Selling a Trademark

If you are learning about assigning a trademark now, then you must already have a basic understanding of what a trademark is. Inseparable from the concept of a trademark is the goodwill over the trademark in connection with the products and services with which it is being used.

Goodwill is, fundamentally, the reputation of a trademark that facilitates its function to distinguish it from others and to identify the source or origin of the products and services. Because of such goodwill, value is generated from the trademark. Anything valuable is an asset and the ownership of assets for that matter can be transferred from one person/entity to another. A trademark is a valuable intangible property and similar to physical properties, it can be bought or sold so that its ownership changes.

A trademark assignment (or trademark transfer) is both the process and the documentation of the change in the ownership of a trademark.

The trademark assignment document must be signed by the assignor or owner of the trademark in favor of the assignee or the new owner receiving the property rights over the trademark.

Thereafter, the trademark assignment must be recorded with the Trademarks Office to reflect the new ownership.

Moreover, recording the assignment establishes the chain of title over the trademark from one owner to another so the latest owner can exercise or avail themselves of the rights and remedies related to the trademark.

Assignment also allows the public to be informed of the new owner’s details.

Generally, whoever is listed as the trademark owner in the database or the records of the Trademarks Office, has all the legal rights in relation to the trademark, including the enforcement of the rights against infringement by third parties.

Trademark assignment forms and templates are usually readily available for trademark owners to use. Depending on the jurisdiction, the assignment form must either be at least signed by the assignor like in the US, Canada, UK, or signed by both the assignor and the assignee like in the EU. The parties may also draft their own assignment document. Whichever format is used; they must contain the following information:

  • The details and signatures of the parties – the assignor and the assignee. If the parties are companies, the name and title of the authorized officer executing the assignment on behalf of the companies;

  • Warranties or representations that the assignor has the right to transfer the trademark’s ownership in favor of the assignee;

  • The intent to transfer goodwill and rights over the trademark, and the consideration to receive the property;

  • The list and/or details of the trademark/s being assigned; and

  • Other additional stipulations that may have been agreed upon by the parties during negotiation such as indemnifications, waivers, and/or governing law, among others.

In the US, considering that use of the mark is required prior to registration, a registered trademark or a pending application based on use can easily be assigned. This is because a trademark that is already in use can be said to have already created goodwill which is required when the ownership of a trademark is being transferred. Note that it is not only rights but also goodwill that is being transferred in a trademark assignment.

As such, a trademark with a pending application based on intent-to-use (or future use) is generally not transferable before the mark has been in use. The USPTO may require the original or current applicant to first submit evidence of use of the mark by filing a Statement of Use or an Amendment to Allege Use before recording a trademark assignment.

In Canada, UK, EU and many other countries, there are no such limitations as use is not required prior to trademark registration.

Is a Change of Company Name the Same as a Trademark Assignment?

The trademark owner will only need to record a name change if the owner remains to be same entity. If the owner changes its name because its type of entity changed, e.g. LLC to corporation, then an assignment must be executed and then recorded with the Trademarks Office because they are two different entities with different legal personalities.

Is Licensing of a Trademark the Same as a Trademark Assignment?

Licensing a trademark enables the trademark owner to allow others to use their trademark for a fee without transferring ownership of the trademark. Licensing involves giving another person or entity permission to use the mark according to the agreed terms and conditions.

Trademark assignment is the complete transfer of trademark rights to another person or entity via sale of the trademark.

Working with a Trademark Professional

It is prudent to consult a trademark professional (1) before buying someone else’s trademark to prevent you from buying a useless trademark certificate or (2) before selling your trademark so the assignment can be effectively and validly done.

Buying or Selling a Trademark

In order for us, TRADEMARK ANGEL, to prepare a trademark assignment document, we need to know the following information:

  • Name/title and serial numbers of trademarks that are being assigned;
  • Name and address of the assignor;
  • Full name and title of the signatory for the assignor;
  • Name and address of the assignee; and
  • Title of the assignee (for the EU).

Trademark Assignment Fees, Government Fees and Timelines

TRADEMARK ANGEL’s professional fee for the entire trademark assignment process in the US, UK and most other jurisdictions where we file trademarks on a regular basis is US$300 per trademark. We will record trademark assignment for free if you have purchased BELLS AND WHISTLES package (in Canada, US, UK and EU).

As an option, in the US, you may also request a new certificate of registration showing the updated owner information. This may be especially useful for Amazon sellers. The additional professional fee is US$100 and the government fee is US$100.

It will take approximately 1-2 weeks for the Trademarks Office to record the assignment. It may take a further two to three weeks for the US Patent and Trademark Office to update trademark information with the new owner details.

Timelines vary in different countries, but in most jurisdictions don’t take longer than 2 months for an assignment to be recorded. In Canada sometimes it takes up to 3 months or even longer for the new owner to be reflected in the Trademark Office database.

Buying or Selling a Trademark

We also charge US$300 per trademark if you would like a trademark assignment recorded in the countries identified below. The approximate official government fee is indicated for each country.

  • US: US$40 for the 1st mark and $25 for each subsequent trademark in the same assignment document
  • Canada: US$90 (C$125)
  • UK: US$65 (GBP50)
  • EU: No government fee
  • Germany: No government fee
  • Australia: No government fee
  • New Zealand: No government fee
  • China: US$83
  • India: US$150
  • Mexico: US$20
  • Japan: US$275

We can also assist with trademark assignments in Saudi Arabia, United Arab Emirates, South Korea, Brazil, Hong Kong, Taiwan, Russian and some other jurisdictions.

Disclaimer:

Our fees and government fees may change without prior notice. Please consult with us for the most accurate pricing.

Short glossary:

Assignor – the person or entity that currently owns the trademark and wants to sell it.

Assignee – the person or entity to whom the trademark will be assigned or transferred during the trademark assignment

Trademark assignment – the transfer of an owner’s trademark rights to another person or entity

Deed of assignment – a legal agreement of trademark transfer

Trademark goodwill – an intangible asset associated with the business’ reputation. In short – it is brand’s reputation and is part of value of the business of the trademark owner.

For a more in-depth discussion about trademark assignments, please check this article.

Buying or Selling a Trademark

Specimens of Use for Clothing (Classes 25 and 35)

Posted on by trademarkangel

It is important to understand that in order to prove use of your trademark (word mark or logo), your trademark has to appear as a brand on your clothing rather than a simple design or picture at the front of a t-shirt.

Please check out our other article talking about specimens of use requirements here.

Warning: technical reading

A large design at the front of a t-shirt, for example, will be considered ornamental use and therefore will not be acceptable to prove use of your trademark as it does not identify your brand but simply serves aesthetic and decorative purposes.

Your trademark, a word mark or a logo, should appear in a place or on a surface where consumers would expect to look to find a clothing brand. Some examples include but are not limited to labels or prints inside of a clothing item, separate hang tags and/or labels on packaging or container.

Some examples of acceptable branding:

Inside label:

Logo on the breast area of a t-shirt/shirt:

 

Separate hang tag:

 

Label on packaging:

 

 

And below is one example of unacceptable branding where the logo or text mark is shown as a really large design in front of a sweatshirt so that it is not associated with a trademark name but serves an ornamental or decorative purpose.

 

If you run an online retail store, you may want to file your trademark in class 35.

For class 35, online retail store, an acceptable proof of use will be a screenshot of website that has your trademark on it. You should put your trademark (word mark or logo), in top-left corner of the website (you can also put it in a different place but the brand should be prominently shown and associated with a trademark name).

The website should have a display of items available for sale and a checkout functionality. Checkout functionality doesn’t need to be sophisticated, but there should be a way to order products online (even by email or phone will be acceptable). In most cases, an online shopping cart will work.

 

A good example of an online retail store is amazon.com or ebay.com

 

 

 

 

As you must have noticed by now, the acceptable specimens of use of a trademark in Classes 25 and 35 must show actual products or depict retail services as they can be found or seen by consumers in the marketplace – be it in physical stores or in websites of online stores.

The specimens demonstrate how purchasers connect the products and/or services to your branding so that they readily know and identify your products and services as opposed to those of other businesses. They must function to identify you as the source of the products and services rather than just being merely a design or ornament on the products and commercial materials,

For the USPTO purposes, specimens are submitted electronically so they can be a photograph, scanned copy, screen capture, or printout of the physical specimen of use. The screenshots of webpages must show the URL and date they were accessed or printed in order to be accepted.

The specimens must not be mere mock-ups. They must not have been edited, computerized or enhanced. They must be plain photographs taken against an ordinary background. By experience, we noticed that examiners tend to reject photos of clothing, shoes, and other products that have a white background because mock-up product images usually have white backgrounds.

A screenshot or printout of a webpage showing a clothing item for sale must display the trademark on or in close proximity to the clothing item, the price, and a shopping-cart button.

Photo of a counter display must show your trademark side-by-side your shoes and apparel products as they are actually displayed in stores where they are sold.

Long story short, your specimens must be real-life demonstrations of how your trademark appears on your products or depicted in relation to your services.

To learn more about Specimens of Use click here and here.

Trademarks: Is The Standard of Distinctiveness The Same All Over The World?

Posted on by trademarkangel

The growth of e-commerce has led to many brands that would have only been available to a small area of the global market to now be available worldwide. This causes business owners many challenges.

One of these challenges is how to produce, market, and protect a brand that will be sold in multiple jurisdictions across the globe. This is because each country has its own process, rules, and regulations that a brand owner must navigate to register a trademark that will protect their brands within that country.

In general, in order for a mark to be registered, it has to be distinctive in relation to the products and services for which registration is sought. But, how is this determined? Is the test for distinctiveness the same all over the world?

This article briefly explores the varying standards of distinctiveness in the United States, Canada, the United Kingdom, Germany, France, Singapore, Canada, and China.

The Purpose of the Distinctiveness Requirement for Trademarks

The fundamental requirement for trademark registration in most countries around the world is distinctiveness. This requirement is equivalent to the requirement for novelty for patent rights and originality for copyrights.

The primary goal of every trademark is to distinguish the products and services of one merchant from those of other merchants. Put another way, trademarks identify the source of the products and services they are associated with.

However, in order to do its job, the trademark itself must be sufficiently distinguishable from other trademarks. A trademark distinctiveness dictates everything from the mark’s ability to be registered to its ability to be enforced, as well as, whether or not it will remain valid once it has been registered.

Some marks achieve distinctiveness via their inherent nature, for example, Nike’s “swoosh” checkmark for sports apparel. But other marks only acquire distinctiveness as a result of marketing that, over time, forms a powerful association in the minds of the buying public.

For example, the term “Raisin Bran” is merely descriptive of the brand of cereal and would not be eligible for trademark registration had the Kellogg company not demonstrated (through evidence of use, including sales, advertising expenditures, and consumer surveys) that the buying public had come to associate the term with this particular Kellogg cereal.

The public’s distinct association of a trademark with a particular merchant is referred to as secondary meaning and can only be established over time.

How is Distinctiveness Determined in the United States?

In order to be registered as a trademark in the U.S., a mark has to be distinctive enough to effectively indicate the source of a product or service. To determine distinctiveness, examiners at the United States Patent & Trademark Office (USPTO) refer to a five-category spectrum of distinctiveness.

This spectrum of distinctiveness ranges from words, phrases, and symbols invented solely to be used as trademarks to words, phrases, and symbols that are so common that they are considered automatically ineligible for trademark protection, including:

 

  • Fanciful marks – automatically registrable with the USPTO as inherently distinctive trademarks. Examples include “Xerox”, “Google”, “Uber”, and “Kodak”.

 

  • Arbitrary marks – such as “Apple” for computers and “Galaxy” for mobile phones, which are not typically used to refer to the products and services being sold.

 

  • Suggestive marks – such as “iPad” for a tablet computer, “Coppertone” for sunscreen lotion or “Upwork” for freelancing platform, which are suggestive of a certain aspect or quality of the products and services being sold. Though suggestive marks are inherently registrable, the less distinctive they are, the more likely evidence of a secondary meaning will be required.

 

  • Descriptive marks – words and phrases, such as “Lightweight” or “Faster”, that only describe a certain quality or aspect of the products and services being sold. A descriptive mark is not eligible to be registered as a trademark unless it has acquired a secondary meaning through use, such as “Sharp” for televisions or “Windows” for computer software.

 

  • Generic marks – marks consisting solely of the common name for a product or service. For example, the term “Basket” for a store that sells baskets. Generic marks are void of distinctiveness and are ineligible for registration in the U.S. What’s more, a product or service can become so familiar in the marketplace, that the public associates it with an entire category of similar products and services. When this happens, a valid trademark can become generic and lose its validity. Examples of this are “Cellophane” and “Aspirin”.

Canada

Like in the U.S., distinctiveness is fundamental to trademark protection in Canada. Canada trademark law defines a “distinctive” trademark as one that distinguishes the products and services of one merchant from those of other merchants.

A trademark doesn’t have to be very well-known for it to be considered distinctive in Canada. Instead, a trademark’s distinctiveness depends on its ability to identify the underlying products or services as coming from one particular merchant, even if that particular merchant isn’t well-known.

Canadian Courts typically point to three fundamental requirements that have to be met for a trademark to be deemed distinctive:

  • The trademark and the products and service must be associated;
  • The owner must use this association while promoting and selling the products and services; and
  • The association must differentiate the merchant’s goods and services from those of other merchants.

Like in the U.S., a trademark distinctiveness falls within a spectrum that will dictate the scope of protection offered to it. Fanciful, arbitrary, or fictitious marks are viewed as inherently strong and distinctive trademarks deserving of a broad scope of protection.

Trademarks like “Xerox” and “Kodak” are considered very strong because they are terms that were specifically created to be used as trademarks. This characteristic makes them well-suited to distinguish the products and services of one merchant from those of other merchants.

On the other hand, marks that lack a distinctive character are only eligible for a limited scope of protection. These marks are regarded as weak because, for example, they are common everyday expressions, merely describe or suggest some aspect of the products and services being sold, or they are customarily used as names or surnames.

Canadian law also acknowledges that trademark distinctiveness isn’t necessarily inherent in every trademark, but can also be acquired through use or a secondary meaning.

However, unlike in some countries, a trademark in Canada does not automatically acquire distinctiveness after being used for a certain length of time. Instead, the applicant must prove that the trademark has acquired distinctiveness by submitting proof, such as examples of the trademark being used, sales and advertising data, and sample specimens.

Recently, Canada introduced new rules. Trademarks will now be examined for distinctiveness which will make it more difficult to register them. For example, if a trademark is not distinctive, it may be a ground for refusal.

The United Kingdom

In the United Kingdom (UK), distinctiveness is also a requirement for trademark registration. However, there is no real objective test to measure a trademark’s distinctiveness. Instead, the UK Intellectual Property Office will take into consideration all pertinent evidence when evaluating a mark’s distinctive character, including:

  • The share of the market garnered by the products and services being sold;
  • The amount spent on promoting the mark; and
  • The intensity and duration of the mark’s use as a designation of origin for the particular goods and services being sold.

In the UK, a trademark will be seen as inherently distinctive if it enables consumers to immediately recognize the origin of the goods and services being sold.

However, even if the mark is considered to lack distinctiveness, it can still be registered if, prior to the date of registration, it acquires distinctiveness throughout a significant portion of the geographic region where it will be marketed. For example, if the products and services will be marketed and sold in the UK, the applicant must submit proof that the mark has become distinctive throughout a substantial portion of Great Britain.

Germany

Like the UK, Germany will regard a mark as inherently distinctive if it is recognized by the buying public as an indication of origin. Conversely, a lack of distinctive character, as it relates to goods and services being sold, is a definite ground for rejection.

It should be noted that if a trademark refusal during examination is based on lack of distinctiveness, this is considered an “absolute” ground of refusal and examiners at the German Trademark Office are unlikely to change their mind once they have made a decision that a trademark is not distinctive. If this happens, it’s usually easier to re-file rather than fight the refusal.

If a mark is not distinctive, it can still be registered if the applicant can demonstrate that it has acquired distinctiveness through use, which will often require a consumer survey to be done and is extremely difficult to prove.

France

In France, a mark’s distinctive character is also evaluated from the consumer’s perspective. And a mark can only become a trademark if it possesses enough distinctive character to distinguish the products and services for which registration is being sought from those of other merchants.

France regards the following types of marks as completely void of any distinctive character:

  • Marks that only consist of generic terms used to refer to the associated goods and services;
  • Signs that only refer to certain aspects of the products and services being sold, such as its purpose, geographical origin, quality, or value; and
  • Signs that only refer to the shape or purpose of the product

Like in the UK, a mark that is not distinctive may acquire distinctiveness after the application for registration has been submitted. However, to prove acquired distinctiveness, the applicant must show evidence of a lengthy, noteworthy, and well-known period of use.

Singapore

For a mark to be registered in Singapore, it must be inherently distinctive or have acquired distinctiveness through use. To decide if a mark has the requisite distinctive character, the courts in Singapore will ask if the average consumer would recognize the mark as a trademark for the products and services being sold without being told.

Purely fanciful, inventive, and arbitrary marks are all inherently registrable in Singapore. But, marks of a purely laudatory nature are not.

A mark can nevertheless be registered if it acquires distinctiveness through use. To determine if the mark has acquired distinctiveness, several factors will be evaluated, including:

  • The share of the market the products and services have secured;
  • The intensity with which the mark has been used, how widespread its use has been, and for how long;
  • The amount of money spent on promoting the mark; and
  • The percentage of the buying public who can actually identify the vendor who provides the products and services being marketed under the mark.

China

In China, the following types of marks are barred from being registered as trademarks:

  • Marks that only consist of the generic name or product number;
  • Marks that simply describe the quality, ingredients, weight, or other aspects of a product or service; or
  • Marks that otherwise lacks distinctiveness.

Trademark examiners in China may also take into consideration the mark’s simplicity, complexity, particular composition, and color scheme, as well as, the nature of the packaging the mark is commonly displayed on and how well-known the mark has become.

What’s more, while a mark may acquire distinctiveness through usage, even a mark that has already acquired distinctiveness worldwide will still have to pass the test described above.

For More Information Contact Trademark Angel

If you are wondering if your trademark has the necessary distinctive character to properly protect your brand, call us to consult with a knowledgeable trademark attorney. We will be happy to answer any questions you have regarding an existing trademark registration or one that you would like to register.

Contact Trademark Angel in Canada at 226.246.2979, or visit our contact page to book an initial consultation.

 

What should a foreign business know about filing a trademark in China?

Posted on by trademarkangel

This is the 3rd article in our series of 3 articles about Chinese trademarks. Read our 1st article here and our 2nd article here.

  1. General information about trademark application in China

 

  • “First-to-File” System: Whoever files a trademark application first, gets the eventual registration.
  • No evidence of use is required to get a registration.
  • Member of Paris Convention so it’s possible to claim priority if filing within 6 months from the initial date of the applicant’s home country.
  • Foreign applicants must employ Chinese local agents to file their trademark in China.
  • One year from filing the application to getting registration certificate: 9 months of examination, and then 3 months of publication period for opposition.
  • Duration of protection: 10 years and renewable.
  • The trademark is vulnerable to be cancelled by any third party if there is no use for consecutive three years from the date of registration.

 

  1. Classification of Goods and Services

China adopts 11th Edition of Nice Classification. There are 45 classes of goods and services.

China uses a guide of similar goods/services. In this guide, each class is divided into several sub-classes, and generally, goods/services are dissimilar in different sub-classes, unless there is especial illustration.

According to Chinese examination criteria, the designated goods/services of a trademark application should be selected from the standard descriptions listed in the Guide Book. Non-standard descriptions may lead to Non-Acceptance of the application.

It is necessary to cover broad sub-classes in order to protect the trademark as broadly as possible.

 

  1. General procedure of a trademark registration

1) Filing the trademark application

2) 9 months for examination by the China Trademark Office

3) 3 months of publication period for opposition

4) 1-2 months for obtaining registration certificate

General procedure of trademark registration – see diagram below

 

Chinese-trademark-registration-process

  1. Required information and documents

 

  • Duly signed Power of Attorney
  • Specimen of trademark
  • Full name and address of the applicant, Chinese version is necessary (will be provided by us)
  • For business applicants, the business license or good standing document or similar type of documents to show the existence status
  • For individual person applicants, a copy of passport or driver’s license
  • Designated goods/services
  • Original copy of priority document if claiming convention priority

 

  1. OEM (Original Equipment Manufacturer) business may file a trademark in China
    • OEM use of a brand is controversial to be regarded as a trademark use and possible infringement risk exists.
    • China is a first to file country. It is quite common that a third party (sometimes your manufacturer) files your trademarks in bad faith in China and then claims infringement over your unregistered brands.
    • It is very time consuming and costly to respond to infringement claim. It may happen that the fraudulent party may agree to assign the trademark to the true owners with some compensation or may not.

    The conclusion: a foreign trademark is not protected in China automatically. And filing a trademark timely is essential to minimize the risk of trademark piracy and the costs of getting the trademark back from the unauthorized registrant.

 

  1. Other tips for filing trademark application in China

 

  • Filing trademarks as soon as possible.
  • Clearance search is recommended before filing.
  • It could help to find out if there are any conflicting trademarks and evaluate the chances of achieving registration. Meanwhile, actions such as non-use cancellation and trademark purchase could be started at the early stage, to clear potential obstacles.
  • Chinese version of the brand is suggested to be filed.

Please contact us if you have any questions about filing in China.

Brexit update: implications for EU trademark owners

Posted on by trademarkangel

Brexit update: implications for European trademark owners
You probably know that the UK will be leaving the European Union on March 29, 2019. This means that it is less than 7 months to the official UK exit after which a lot of things will change.

Until now, no one knows what the future of European trademark protection would be in the UK after the country officially leaves the EU. A ‘Preparedness Notice’ was issued in December 2017 by the EU Intellectual Property Office (EUIPO). In the notice, trademark holders were advised that if there is no agreement to the contrary by the March 30, 2019 deadline, all registered European trademarks will become invalid and ineffective in the UK.

The EU and the UK government are still negotiating, but the Draft Agreement on the pull out of the UK and Northern Ireland from the EU and the European Atomic Energy Community was published on March 19, 2018. The primary objective of the agreement is the post-transition period which is from 29 March 2019 to December 31, 2020. From the legal viewpoint outside the EU, the UK will de facto remain a member of the EU during this period.

The Draft Agreement states that trademark owners who their trademarks were registered before the transition period ends shall, without re-examination, be the holder of a comparable registered and enforceable intellectual property right in the UK as provided for by the UK law. This simply means that nothing should change during the transition period, compared to the current situation. Also, the trademarks that have been registered by the EUIPO should remain protected in the UK even after Brexit.

Nevertheless, it’s still unclear what would come out of the Brexit negotiations. Besides, it’s unknown how the European courts and EUIPO will handle marks filed before or during the transition period, as soon as the period expires.

So, to be on the safe side, you should protect your business or brand in advance by registering your trademarks in the UK and the EU. Remember that proving an unregistered right is much more difficult than relying on a registered right.

When you register your trademark in the UK, you will be protected from the inevitable chaos that may occur as a result of the final separation of the UK from the EU.

Steps To Follow When Starting Your Online Business

Posted on by trademarkangel

You’ve grown weary of attending to your 9‑to‑5 job as you do not foresee any prospects of career progression. You are very keen to go it alone by starting your online venture as you have seen many of your colleagues and friends strike gold by following that route. However, you have absolutely no idea on how to get started.

Since the time Internet emerged, online technology has progressed by leaps and bounds (and still continues to), rendering the process of incorporating a web‑based startup, remarkably easy. Nowadays, corporate organizations, as well as big and small brick‑andmortar businesses, need to have an online presence (read website) in order to be viable and competitive. Regardless of whether you want to turn your online venture into your chief source of livelihood or wish to develop the Online Business business as a secondary source of income, you can achieve success if you follow specific steps. 

A typical web‑based online business has some inherent advantages over an offline or physical commercial establishment that makes the former more lucrative than the latter. For instance, your incorporation and overheads costs are lower, you can make do with less staff at least in the initial years, and overseeing the entire setup is more manageable. Abide by the steps outlined below if you are sincere about beginning your online undertaking, increasing its visibility across the web, attracting niche traffic, and raking in the moolah which is what ultimately matters.

1. Company formation and registration with IRS/Canadian Revenue Agency

The entire process of registering and incorporating a new online business has become much easier in the present times. You do not have to fill up endless forms and documents, make endless visits to the respective authorities for submitting the transcripts, pay a small fortune as registration fees, and finally wait for the approval‑these formalities used to be de rigueur in the past. Though you can hire an accountant or solicitor for entrusting them with the formalities of opening an online startup, you can also do the work of the consultant yourself as the rules and regulations are easy to follow.

First of all, you’ll need to decide whether you want to opt for a partnership or sole proprietorship mode or wish to fulfill the obligations of a public or private limited company. Each and every form of business has its own advantages and disadvantages. At the end of the day, it is completely up to you to decide which route you will take depending on your preferences and requirements.                      

Once you are through with the first step, your next task will be to decide upon a company name. Make sure the name is something that has a good recall value. In other words, it should be one that you or anybody else for that matter can easily remember.

Thereafter, you will have to accumulate all the details required for registration including company name, business address, and nature of the online business, share capital details, shareholder(s) details, and company director details. The next step would be to prepare the Memorandum and Articles of Association (a must if the venture is a public limited or private limited company). Thereafter, you’ll have to register your business with the IRS for which you will have to log in to its official site www.irs.gov.

You will receive an online business registration number for the state you are based in. Once you click on the link for your respective state, you’ll be taken to the portal of the state from the IRS site. You get a registration number for your state and if you want you can also a federal EIN (Employer Identification Number).                         

In order to obtain both the numbers, just follow the steps listed below: 

  1. Click on your state’s link
  2. Furnish the relevant information as outlined in the application form for your state
  3. Thereafter, you will be landing at the IRS’s online application page for EIN registration
  4. Give additional info (if required) to apply for your EIN number
  5. Once you receive your EIN, check out of the IRS site
  6. Key in your EIN number in the application form for your state

In case you are a Canadian citizen (naturalized or residency), you’ll have to register your company with the Canadian Revenue Agency. There are four distinct CRA program accounts and you will have to apply to anyone for registering your startup by fulfilling BRO (online business registration) formalities. Once you are through, you’ll receive a business number which will lend a legal sanction to your venture. 

BRO can connect you with the sites of provincial programs for Nova Scotia, Ontario, and British Columbia. Log in at www.canada.ca for taking advantage of the BRO for registering your startup as a: 

  • Proprietor or owner
  • Third party petitioner
  • RepID or GroupID representative
  • Domestic worker, caregiver or babysitter employer 

2. Picking up a domain name and registering it

Once you decide on the commercial segment you wish to enter and are through with the company’s incorporation, your next response would be to register record your online firm’s domain name. Your sites URL (uniform resource locator) is its domain name which is unique as no other site owner can stake claim to the web address once you have registered it. Registering or recording the domain name of your web‑based venture is similar to patenting an offline business‑you become the sole owner of the online platform and enjoy specific intellectual property rights. 

You can apply for a domain from any of the several firms dealing with online domain registration. Many of these firms that are termed as domain name registrars run promotional offers from time to time that let you have a domain or several domains free of cost if and when you opt for a web hosting package. It is also recommended that one should avoid purchasing a domain from the hosting provider. It is better to have the hosting and domain account separated. However, always make sure that the domain or web address is registered under your name and not in the name of the registering company. 

If the domain is not registered under your name, you may not be able to lay claim to it in case you shift to another hosting firm in future. Alternatively, if you are entrusting the creation of your site to a professional web designer and developer, ensure that you buy out the sites domain and the hosting account. Much before you register the domain, you’ll need to select a title or name for the same. 

See to it that the domain name you eventually choose is unique and distinctive or in other words, no other site should have the same name. You can opt for your name if you wish to lend a personal touch to the product or service you would be promoting. However, if you find that somebody else already owns a domain by that name, you can tweak the name a bit by prefixing or suffixing another word, for instance, simongarfunkeltrainer.com in place of simongarfunkel.com 

Your other option, when it comes to choosing an exclusive domain name, is to base it on the purpose that the product or service is going to serve. A domain name that mirrors your online business niche will go a long way in attracting the customer segment you are targeting.

3. Website hosting

Once your web‑based startups’ domain name has been registered, you will have to book space on the servers of the hosting firm in order to host your e‑commerce site. Though many individuals register the domain with one firm and books server space with another, you are better off entrusting the tasks to one company. That way, you’ll be able to keep a leash on your overall costs as many firms offer free domain names when you subscribe to their web hosting packages. 

Before you select a hosting firm, check out the background of at least 4‑5 such companies. Also, compare and contrast the different hosting features they are offering like uptime scalability percentage, disk storage capacity, drag and drop site builder, subscription periods, optimization for email, and so on. Alternatively, find out if the firms are providing SSL security, e‑commerce and online marketing tools, feedback forms, and most importantly, round‑the‑clock customer support. 

There are many well‑established companies that provide a high quality of service with respect to website hosting like GoDaddy.com, Bluehost.com, JustHost.com, iPage.com, and WebHostingHub.com. Cloud servers or hosting has recently been popular for their security and ease of use. So exploring the hosting services provided by Linode or Cloudflare can be one of those options. Cloudflare also offers a free SSL certificate with each hosting account. 

4. Filing Your Trademark

Applying for a trademark should be your next step. Registering the brand’s trademark is essential not only because you invested so much time, effort, and resources to conceive a distinctive name, logo, and slogans but also to protect it from infringement by competitors.

If most of your business is done in the US, then protect your brand name in the US by registering your trademark with the US Patent and Trademark Office (PTO). 

If most of your customers are in Canada, start with registering your trademark in Canada. 

You can file your trademark yourself or ask for help. Hiring a trademark professional will help you to increase the chances of successfully registering your trademark while minimizing the stress. 

Remember: trademark registration is the cheapest form of protection you can get for your brand. 

5. Check to make sure you are not infringing on anyone’s intellectual property rights

If you are about to sell products, make sure that you are not infringing on anyone’s patent rights. Likewise, for literary, musical and artistic works, it’s useful to make sure that there is no copyright infringement.  If you are the creator, then you will own copyright, however, if not, make sure you have rights to sell these products.   With a name you give to your products, check to make sure you are not infringing on anyone’s trademark.

Very often people overlook intellectual property aspect of opening a business, which can cost them dearly.

6. Website design and development 

After your website has been hosted, your next response would be to design and develop the online business website that will be the firm’s online face. You can either build the portal yourself or outsource the project to a webmaster. In case you take the DIY route, you can take advantage of the multiple design and development tools (that are provided by numerous hosting companies free of cost) for creating your portal. 

There are many open‑sourced website building and blogging CMS platforms including but not limited to WordPress, Joomla, Drupal, and Magento that you can employ as well. WordPress is by far, the most popular CMS platform as it is not only remarkably easy to set up but also offers near unlimited templates that are compatible with customization as per your preference. You can also employ Adobes Dreamweaver for website creation but then you will have to be mentally prepared to devote the time necessary for mastering this tool which might take months. 

However, outsourcing the website design and development project to a professional design company or webmaster will ensure that you have an advanced as well as the user‑friendly portal. With so many design companies competing with each other for clients, you can get the job done without having to spend a ton. And if you can get your site designed and developed by a learner, a college student, for instance, you may have to pay even less.

While you get your site developed, bear in mind that both the visual and textual content of the portal equally matter. Also take note that if you entrust the project to a designer, you automatically own the sites hosting account as well as its domain name. Also before launching a website, it is a good idea to know where exactly its files are located. For easier management and understanding, WordPress is the best platform to build your site on. It is pretty easy to manage and make changes. Hence, it will be a lot easier for you to make new blog posts, change prices, add photos or changing sections without even asking a developer to take care of those. 

7. Promoting your site via online advertising and by hiring freelancer

Following the hosting of your online business website on the net, your main thrust obviously will be to amplify its visibility across all online platforms, including the automated social networking sites. Formulating an SEO strategy would be indispensable if you want to divert a high volume of traffic to your site. Search engine optimization would imply creating original textual content that elucidates the nature of your business and should be punctuated with relevant keywords that will be preferred by search engines crawler bots. 

SEO would also require you to take care of lots of other aspects including but not limited to uploading fresh blogs, PRs, guest blogs, creating profiles on Facebook, Twitter, Instagram, and LinkedIn, podcasting, advertising on Google, Bing, and Yahoo. A robust SEO plan will be instrumental in popularizing your site in a short period of time since it will be wishful thinking to expect users to log in to your site within a few days of its hosting. 

The focus should be on content marketing with the ultimate objective of publicizing the portal on social media. As you may not be in a position to invest in Google PPC of Facebook advertisements initially, you can hire freelance content writers. Another good strategy is to get popular bloggers write positive reviews in exchange for a free product or tickets to a movie. There are lots of online platforms where you can hire great freelancers at a fraction of the cost.

Online Business Conclusion: 

Once your Online Business business portal is up and running i.e. it has been hosted, there are several steps you can take to amply its footprints in the online realm. For instance, you can titillate users with a white paper imprinted with rebate coupon codes, freebies on purchasing a specific value of products, and so on. You can keep track of your site’s performance and growth by using analyzing tools like Google Analytics which is available for free. 

To say the last but not the least, you’ll have to give due consideration to aspects of taxation, accounting, legal matters, and banking.