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.
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.
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 ?
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!!
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.
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?
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?
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.
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.
I have received my trademark reg certificate and number and amazon still will not accept it as proof .
I also have my logo registered and they will not accept that either.
they keep saying because it says it’s on the supplemental register that is not registered. I have a 3D artwork copyright.
USPTO told me that I will be on the supplemental register for 5 years, before it expires.
HELP me get through to whom ever is the person that knows what they are looking at and not the one that does not understand my paperwork.
Unfortunately, the Amazon Brand Registry program requires participants to own trademark that is Registered on the Principal Register of the selected few countries the program has decided to accept.
This is to ensure that a candidate Brand has viable distinctiveness that is vetted by those countries’ trademark examiners (who are lawyers that happen to practice a detailed level of intellectual property concerns).
According to the Refusal/Office Action you received, your Mark had some element(s) that did not allow that distinctiveness – as perceived by the Examiner – and for 5 years must now be sidelined for Registration while your use of that Mark achieves some level of fame for the goods in the Class in which you applied.
As you know, a copyright has no such vetting, nor does it immediately associate a Brand with a particular Class of goods used in commerce.
Your candidate Mark simply does not meet program guidelines.
It would take less time to create an alternate Mark that can proceed to Registration and be associated with your goods. In the alternative, you can began the appeals process with TTAB (Trademark Trial and Appeal Board) to promote your current Mark to the Principal Register, but these proceedings take time and may still be unsuccessful. Another alternative is to evaluate your rationale for participation in Amazon Brand Registry and determine if there are other ways to effectively achieve the same goals.
The funny thing is not long ago they were only asking couple pictures of your warehouse and products for you to be able to register your brand before they came up with this trademark. Did they require those old sellers to re register their brands with a trademark? I don’t think so.