According to Weibo users, "100%" was successfully registered as a word trademark by a company in the United States.
According to information from the U.S. Patent and Trademark Office, the trademark applicant is a racing sports equipment manufacturer under the American company Saule, LLC .
It is reported that the brand has been producing goggles, racing gloves and other products since 1982. It was acquired by Saule, LLC. in 2010 and specializes in providing sports equipment for various motorcycle and bicycle events . The brand is currently also sold on Amazon.
Through inquiries, it was found that Saule, LLC. first began to register "100%" as a trademark in 2007 , involving products such as goggles , racing modification parts , cycling suits, gloves , and racing sports protective gear .
In the years that followed, the company had more than 200 valid trademarks based on the "100%" graphic , covering North America, the European Union, Oceania and other countries, with the majority being trademarks in Class 9, 12, 25 and 28.
It is worth noting that the company actually owns the "100%" word trademark in Class 9 and Class 25 in the United States. It even completed the registration of Class 25 trademarks (apparel category) in January 2021, and its protection scope includes clothing categories such as hats, jackets, and T-shirts .
Trademark professionals said that if "100%" was applied for as a graphic trademark, it would meet the originality requirements, but as a common term, it is difficult to understand why the "100%" word trademark was successfully applied for.
"100%" has always been a commonly used descriptive keyword for many products, and is used in categories such as food, clothing, beauty and personal care.
According to the information records on the official website of the United States Trademark Office , nearly 5,000 trademarks involving the word "100%" have been registered. The most recent related application was submitted on June 29, 2022 by a US beauty brand for the trademark "100% FREE".
"100%" has been registered as a trademark, which has increased the risk of infringement for most cross-border sellers. Many sellers have complained about the application.
Some sellers are worried that if they use 100% of such keywords on the product description page, Amazon will determine it as infringement, and then the product will be removed from the shelves and the listing will be deleted.
Some sellers also complained that the company was simply a "trademark rogue" with no bottom line in its pursuit of monopoly.
However, the editor consulted professionals who said that even if the registration is successful as a generic word, the scope of protection is very small , and everyone can use it normally as long as it is not used as a trademark. The trademark registrant has no right to prohibit others from legitimately using the generic name, and the Trademark Office will also require the holder to give up the right to complain about others .
Although the United States has relevant laws that impose other restrictions on generic word trademarks, it is reasonable and legal for sellers to use them in places other than trademarks. However, many sellers still said that they would change the words overnight to avoid being accidentally harmed by Amazon. trademark Seller |
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