In this post, I want to highlight the top 3 frequently asked questions (FAQ) regarding Brand Registry and Brand Registry applications by our sellers. This is just part 1 and more FAQs will be coming soon. Please comment here if you have a question!
Frequently asked question #1
“My application was declined due to abuse. I don’t have any abusive history on my account and want to proceed with my application. What do I do and how can I resolve this”?
Answer: If your Brand Registry enrollment application has been denied, check if the rejection is for one of the reasons below.
- Your account has been involved in abusive conduct on our website. (some examples: brands removed in the past due to abuse, selling account with low account health rating, received multiple warnings for performance notifications or unresolved warnings, etc.)
- You’re related to an account that was used for abusive conduct. Go to User permission errors and Adding selling accounts errors for more information.
- You’re associated with one or more selling accounts as a primary owner, and all of them have failed seller verification.
- For US trademarks only: We have identified that your trademark application or the attorney/law firm that filed the trademark application cited in your Brand Registry application has been previously disciplined or reported by the United States Patent and Trademark Office (USPTO) for violating USPTO’s rules and regulations.
How can sellers resolve this?
If you believe there’s been an error in the Brand Registry enrollment decision, submit an appeal. To do this, go to Manage -> Brand Application, and click Appeal next to the brand application that’s marked Ineligible.
The submission and approval of your appeal is necessary in order to advance your Brand Registry enrollment application. Once you’ve submitted the appeal with all required information, you’ll receive the an initial response within three to five days.
Please check the Brand Registry rejections due to abusive conduct page for more information.
Frequently asked question #2
“I submitted a Brand Registry application and closed the case due to an error I made. Now it seems the submission is locked under review and I can’t submit a new application."
Answer: Sellers need to wait for cases to close organically for Brand Registry applications. If you realize you made an error and want to redo the application, please wait until the Brand Registry team comes back with an answer. Closing the case will pause and delay the review process of your application.
If you already closed your case, please create your own discussion post in the Manage Your Brand category of the Seller Forums and ask for Community Manager assistance on manually closing your case so you are able to reapply again.
Please utilize the Brand Registry Application Guide which will help sellers understand the requirements when going through the application so sellers do not have to redo applications due to errors.
Frequently asked question #3
“My Brand Registry application was declined due to Mark Type not being valid. I don’t understand what this means.”
Answer: Sellers can submit either a Design Mark or Word Mark for enrollment, but the Mark drawing type must be 1 of the 5 acceptable types provided in the Enrollment guidelines for the US help page. It’s very important to review the enrollment guidelines for the specific country your TM is registered in. You can find the list and links to each guideline HERE.
To find your trademark’s type, go to the USPTO page of your TM. Select Mark information and review the information next to Mark drawing type. You can then use the information below to understand if your trademark is a text-based mark (work mark) or an image-based mark (design mark) and if it will be accepted.
Word Mark, Mark Drawing Type:
- 1 – Typeset word(s)/letter(s)/number(s)
- 4 – Standard character mark
Design Mark, Mark Drawing Type:
- 3 - An illustration drawing which includes word(s)/letter(s)/number(s)
- 5 – An illustration drawing with word(s)/letter(s)/number(s) in stylized form
- 6 – *
*If the description next to Mark drawing type shows "–," and all of the conditions outlined below are met, then the trademark is a design mark that can be accepted:
- The description next to Mark drawing type doesn’t include an illustration.
- The description next to Mark drawing type doesn’t include any letters, words, or numbers.
- The Status shows Awaiting examination.
@Seller_t9kvdr2yixQej created a great educational post on this topic. You can review it here.
I hope this helps, and I plan on posting more FAQs to guide sellers through your Brand Registry journey. If you have additional questions regarding Brand Registry, please let me know in the comments!
Best,
Sandy