Can i register as a brand on Amazon if my Trademark has not yet been signed


#1

Hello Everyone,
I just wanted to ask this question because i am sick and tired of listing hijackers and fake infringement notice about me infringing someone’s product when in fact i was the person to list the listing in the first place.
So my question is, Can i enroll as a brand without my trademark being assigned to an examiner but has meet accepted and met all requirements to be an official trademark ? The trademark has met all the requirements including Character selection, class selections and all the other details have been verified and my name and details are visible on USPTO Government website. Could it be done? i need some help with this please any information will be valuable.

Also, how do i deal with fake reviews? i had 3 fake reviews on listings and Amazon will not remove it, apparently it does not violate their terms and conditions. I have proof that another seller is lying and purchased a unit from me and wrote a review. while the transaction was still pending and now it has been canceled. The seller did that because i was trailing a product which ended selling really well (Unbranded) and i was Extremely competitive on pricing using FBA and he or she were seller fulfilled. My listing ranked #1 on the category because supposedly i was infringing on his product but my listing was there first and then he hijacked it and dropped the prices overnight stealing all my sales. So i changed the photos and reported it to amazon but they did nothing. After me carefully explaining to them the significance of his actions. Then he sends me a message in chinese saying “I am going to keep on reporting until i kill your Account” . So as soon as i receive that i contact seller support open an investigation, and guess what happened ? NOTHING from amazons side and still this issue is ongoing. The 3rd review was issued today as “FAKE PRODUCT ALL 5 star reviews are lying”.

Any Help on these 2 topics would be highly appreciated
Thank you in Advance,
John

Edited by: JNC International on Oct 17, 2017 7:23 AM


#2

> I just wanted to ask this question because i am sick and tired of listing hijackers and fake infringement notice about me infringing someone’s product when in fact i was the person to list the listing in the first place.

Even if you do go out and get a legally registered Trademark with the USPTO and put it on your products, that does not mean those items are not infringing on somebody else’s IP rights.


#3

I can answer the first one, but I’ll let someone more knowledgeable answer the second. I applied for brand registry yesterday and our trademark is still pending and they declined it and sent an email stating that after our trademark has completely gone through I can apply again.

“The status of your Trademark is currently not registered with the agency listed in your application. If your Trademark is in pending status, re-apply once your Trademark is registered.”


#4

To register as a brand on Amazon you have to have a completed, registered trademark. Pending applications don’t count.

The fact that you’re listed on the USPTO website only means that you’ve filled the application out and didn’t get rejected out of hand for filling it out completely wrong. If you haven’t been assigned to an examiner yet, you’re at least 6-12 months away from having a registered trademark.


#5

Our trademark application is currently pending as well. We got assigned to an examiner after about 4 months, published in the federal register about a month after that, and assuming no objections are filed to the mark we should have the mark issued about 3-4 months after that. We applied in June, I don’t expect final approval until January or February. As I understand it, the lengthy process is a combination of backlogged applications and allowing time for others to object to your potential trademark before it gets approved.

> Is their any alternative to protecting your brand, i have one product line released for my brand but i actually too scared release the rest because all the hijackers.
> What would you recommendation be ?

Consult with an attorney. Even after your trademark is registered, it is your responsibility to defend your intellectual property, not Amazon’s. And if someone decides they want to sell the same item as you but do it without your brand name, trademark protection won’t help you - you’d need a patent for that. If it’s in the same listing as you but the product is different, then you’re looking at making test buys and complaining to Amazon about counterfeits.


#6

I filed the application on August 5th 2017. I was told by the office that they will assign an examiner in approximately 3 months after filing date following that another 2-3 month wait to clear and it should be ready to go. Why does it usually take that long to be accepted?
Is their any alternative to protecting your brand, i have one product line released for my brand but i actually too scared release the rest because all the hijackers.
What would you recommendation be ?


#7

Thank you so much for you help, They should really make an alternative for genuine Sellers whom have good (Pending) brands that have potential on Amazon instead on allowing multiple people to jump on the listings. It Sucks!!


#8

I understand that, but the product was my Creation my packaging and my labeling, Chinese sellers replicated it with different packaging. Then started selling it on my listing .


#9

Hi
I am in Israel. Apparently there is no way I can register my brand on Amazon, although my trademark is registered in Israel.
any one know anything about this


#10

image Duplicate Post …


#11

image Duplicate Post …


#12

Sorry. Ask seller central.

Edited by: K-Pro on Dec 5, 2017 6:30 AM


#13

Seller Central team should allow confirmation of submission of trademark application to stand as proof that that seller owns the listing. Seems simple.


#14

The problem with that is that if your application is denied, you have brand registry over a brand that you have no right to represent. You can pay the fee and apply for any trademark you want - I could go into the USPTO right now and file a trademark application for Amazon.com or Coca-Cola if I wanted. I would certainly not get that trademark, but after I file it I could show confirmation that I have an open submission. And there are certainly people/companies out there for which it would be worthwhile to pay that application fee to disrupt their competitors.


#15

Seems to be overkill for a problem that will still exist. We have two registered brands on Amazon and do not have a registered trademark. We do have two B&M retail stores under the names, and manufacturer 54 different products in house. Are you dealing in China made products? :train2:


#16

Depends when you registered them.
I couldnt register any trademark. LOl since i posted this my trademark has been published and nearly registered but still havent registered for brand registerey


#17

We recently received a letter from amazon stating that we needed trademark registration for our brands that we have amazon brand registry for…this is not a federal requirement for doing business, so many of us that have been in business many years have not applied for them.
We never trademarked the name of our business because our copy right attorney said you do not need to as our business name (which in our case is our brand name) is registered with the government already in order obtain tax ID and etc…
So in case anyone else receives this letter and is going to apply for a trademark…(through a place like legalzoom) Here is the info we are dealing with:
The cost is about $850 per name and is non-refundable. First they have to do a search to make sure they are not already taken. The search will take 3 days.
If they are not taken then the application will be submitted to the US Patent and Trademark office.
It usually takes 3 to 6 months to hear back from the US Patent and Trademark office and at this point we will get an application serial number.
But it will take another 3 to 6 months to know if you are approved. If you are approved you will get a registration number but this will take from 6 months to 1 year.

Sooo amazon makes this requirement and what do you think it does to the wait times? Of course they are growing ridiculously.

Has anyone had there registry removed for not having the numbers? Does anyone have advice or experience trying to reach a contact in brand registry?


#18

In the process of registering for a trademark you have to search the data base for exact matches too proceed in registering and if there is one, in the same category it rejects it. You do not receive a application number until after the search is completed for duplicate brand names in categories and the process then starts the filing. Amazon could definitely accept it but they don’t. They could accept it with a timed expiration etc…without allowing legitimate brand owners with exact match brand names, the right to their own brand registry, they are taking away our right to protect our brand. A corporation/business name that is registered AND is an exact match for brand name should be enough. Amazon has way too much power in the market.


#19

right? ridiculous.


#20

Nope. As of February 2018, processing time for Application to Registration (assuming no Refusals or Opposition) is still about 215 days. It’s been that way for at least the past 3 years.

Based on Serial numbers issued, the Office is seeing an average of 38,000 Trademark applications per month.

In my opinion, it’s good that Amazon has made trademark ownership a gating requirement for Brand Registry. Only the more determined will survive this rough filter. Amazon doesn’t really need more hobby sellers. The primary issue that I see with their requirement is that they have arbitrarily decided to only allow the STANDARD CHARACTER MARK or TYPESET WORD(S)/LETTER(S)/NUMBER(S) drawing types, so if you have a fancy mark only – say the Nike “swoosh” – it will not be accepted for Amazon Brand Registry.