Eyewear & Fashion Accessories
How a Global Eyewear Brand Registered Its United States Trademark in Two Classes for Cross-Border E-Commerce
- Nice Classes
- 2
- Country
- United States
- Status
- Registered at the USPTO
- Brand
- KINGSEVEN
The Challenge
KINGSEVEN, owned by Ningbo Beidao E-commerce Co., Ltd., had built a popular eyewear brand selling globally through its own website (kingsevenoriginal.com) and international e-commerce platforms. With strong global sales, the next step was trademark protection in the United States, the country where the brand sells most.
- KINGSEVEN's range spans two Nice classes: Class 9 (sunglasses and optical goods) and Class 25 (clothing and fashion accessories). Each class needed its own cover.
- The brand faced active counterfeiting on Amazon and other platforms, with sellers using the KINGSEVEN name on inferior products.
- As a company based in China selling directly to consumers in the United States, KINGSEVEN needed a USPTO registration to act against infringers there.
- A United States trademark would open Amazon Brand Registry's anti-counterfeiting tools in the country where the brand sells most.
KINGSEVEN's situation is common among successful cross-border e-commerce brands: strong sales and brand recognition, and no trademark yet in the countries where they sell. A registered trademark in each country where they sell gives these brands the standing to act on marketplaces and at the border.
Our Approach
We filed KINGSEVEN in Class 9 for the optical goods and in Class 25 for the fashion accessories, as two applications.
Product-market Classification Analysis
We analyzed KINGSEVEN's product range and sales data to decide the Nice class coverage. Sunglasses and optical frames fall under Class 9, while clothing and fashion accessories fall under Class 25. Both classes were needed to cover the brand's range.
Clearance Search Across Both Classes
We searched both Class 9 and Class 25 at the USPTO. The eyewear space is crowded, so we specifically searched for trademarks that could block registration or raise a likelihood-of-confusion question during examination.
Strategic Dual-class Filing
We filed one application for each class, with precise goods descriptions: 'sunglasses; optical frames; eyewear accessories' in Class 9 and related fashion items in Class 25. The Class 9 application went in first, in July 2021, and the Class 25 application followed in September 2021.
Anti-counterfeiting Foundation
With the trademark applications filed, we prepared KINGSEVEN's enforcement plan: Amazon Brand Registry enrollment, customs recordation planning (to stop counterfeit imports), and documentation for cease-and-desist letters to infringing sellers.
The Results
Both applications registered: Class 9 on June 21, 2022 and Class 25 on March 7, 2023. KINGSEVEN can act against counterfeit listings across its full range.
Nice Classes Registered
2 (Class 9 + 25)
Status
Registered
Products Protected
Eyewear, Sunglasses, Fashion Accessories
Global Reach
Direct-to-Consumer via Own Website + Marketplaces
The two registrations cover both KINGSEVEN's optical goods and its fashion accessories in the United States. They give the brand full Amazon Brand Registry access, customs enforcement against counterfeit imports, and legal standing to pursue sellers of fake KINGSEVEN products on marketplaces in the United States.
Key Takeaways
Eyewear brands that also sell clothing or fashion accessories need two classes: Class 9 (optical goods) and Class 25 (clothing).
Cross-border e-commerce brands do well to file early in the United States: an application opens Amazon Brand Registry, and a registration supports enforcement against counterfeiters.
Brands based in China need an attorney licensed in the United States for USPTO filings. This is a USPTO rule.
Filing early costs less than enforcing a name that is still unregistered.
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