We purchased a Brand (vegan cookies and food) in 2023 through a broker. We are trying to set up brand registry but the USPTO # has already been submitted and used by the previous owner. We sent a "'contact the admin" email option, but we don't even know if this person still exists, or uses that email. There is no contact with him nor do we know where he is to get a hold of him.
We have 2 documents with USPTO as well as a transfer of ownership document. We also have packaged goods with the brand logo. Brand Registry rep declined us and doesn't give us very specific directions - just some assumptions.
@Dougal_Amazon and team, can you shed some light and help us? This can't be the first example of this scenario: CASE 16590071061
OP: "We are trying to set up brand registry but the USPTO # has already been submitted and used by the previous owner."
Correct. Now that you are the new owner, you have two choices.
1. Do nothing and keep selling the brand as is.
2. Change the brand to your brand name, which will require new packaging, and new GS1 UPS's for each different product in the line.
Now with that said, you are dealing with legal matters that Brand registry is not equipped to address. Have you sent all of your legal ownership documents to Amazon Legal office in Seattle in a certified letter, explaining the situation. They understand legal matters and can make things happen for you.
Hi there @Seller_ppXM4i0ZWYyk8
I have helped some sellers in the past with similar issues. One thing I did notice is that the company listed as the trademark owner is not listed anywhere within your seller account. Before I can escalate this, that will need to be squared away.
Once that's done, please let me know and I'll work to send this off to the proper team.
-Jim
Hi @Jim_Amazon thanks for the quick response!
The trademark ownership document has both the Original owner name "Michael" signed off and transferred to the new owner, "Marc". the admin account to our Seller Central is Marc and its there.
Unless it should be somewhere else in Seller Central? Please advise
- DeliciousTFE_
I am not familiar with purchasing a brand (registered trademark) through a broker. However, if the brand was still active at the USPTO.gov when you purchased it, then you should have an Assignment record from the owner (or authorized agent) and your company should now be listed as the primary Trademark owner at USPTO.gov
I don't know what 2 documents you have with the USPTO and the transfer of ownership document should really be the assignment from the former owner (again, this information is all on the USPTO.gov website).
If you check your record on the USPTO.gov website is your company now listed as the TM owner? Use the TSDR link under TM search to look at what is recorded.
Thank you for the thoughts! I'll take a look and see what we can do.
Hi @Jim_Amazon , thanks for the explanation.
The "Current Owner(s) Information" is correct and is an entity. In this case, not ONE single person owns the TM, but the business entity itself. Can I share information or documentation that proves "Marc" is the President of the current TM as seen on USPTO?
We purchased a Brand (vegan cookies and food) in 2023 through a broker. We are trying to set up brand registry but the USPTO # has already been submitted and used by the previous owner. We sent a "'contact the admin" email option, but we don't even know if this person still exists, or uses that email. There is no contact with him nor do we know where he is to get a hold of him.
We have 2 documents with USPTO as well as a transfer of ownership document. We also have packaged goods with the brand logo. Brand Registry rep declined us and doesn't give us very specific directions - just some assumptions.
@Dougal_Amazon and team, can you shed some light and help us? This can't be the first example of this scenario: CASE 16590071061
We purchased a Brand (vegan cookies and food) in 2023 through a broker. We are trying to set up brand registry but the USPTO # has already been submitted and used by the previous owner. We sent a "'contact the admin" email option, but we don't even know if this person still exists, or uses that email. There is no contact with him nor do we know where he is to get a hold of him.
We have 2 documents with USPTO as well as a transfer of ownership document. We also have packaged goods with the brand logo. Brand Registry rep declined us and doesn't give us very specific directions - just some assumptions.
@Dougal_Amazon and team, can you shed some light and help us? This can't be the first example of this scenario: CASE 16590071061
OP: "We are trying to set up brand registry but the USPTO # has already been submitted and used by the previous owner."
Correct. Now that you are the new owner, you have two choices.
1. Do nothing and keep selling the brand as is.
2. Change the brand to your brand name, which will require new packaging, and new GS1 UPS's for each different product in the line.
Now with that said, you are dealing with legal matters that Brand registry is not equipped to address. Have you sent all of your legal ownership documents to Amazon Legal office in Seattle in a certified letter, explaining the situation. They understand legal matters and can make things happen for you.
Hi there @Seller_ppXM4i0ZWYyk8
I have helped some sellers in the past with similar issues. One thing I did notice is that the company listed as the trademark owner is not listed anywhere within your seller account. Before I can escalate this, that will need to be squared away.
Once that's done, please let me know and I'll work to send this off to the proper team.
-Jim
Hi @Jim_Amazon thanks for the quick response!
The trademark ownership document has both the Original owner name "Michael" signed off and transferred to the new owner, "Marc". the admin account to our Seller Central is Marc and its there.
Unless it should be somewhere else in Seller Central? Please advise
- DeliciousTFE_
I am not familiar with purchasing a brand (registered trademark) through a broker. However, if the brand was still active at the USPTO.gov when you purchased it, then you should have an Assignment record from the owner (or authorized agent) and your company should now be listed as the primary Trademark owner at USPTO.gov
I don't know what 2 documents you have with the USPTO and the transfer of ownership document should really be the assignment from the former owner (again, this information is all on the USPTO.gov website).
If you check your record on the USPTO.gov website is your company now listed as the TM owner? Use the TSDR link under TM search to look at what is recorded.
Thank you for the thoughts! I'll take a look and see what we can do.
Hi @Jim_Amazon , thanks for the explanation.
The "Current Owner(s) Information" is correct and is an entity. In this case, not ONE single person owns the TM, but the business entity itself. Can I share information or documentation that proves "Marc" is the President of the current TM as seen on USPTO?
OP: "We are trying to set up brand registry but the USPTO # has already been submitted and used by the previous owner."
Correct. Now that you are the new owner, you have two choices.
1. Do nothing and keep selling the brand as is.
2. Change the brand to your brand name, which will require new packaging, and new GS1 UPS's for each different product in the line.
Now with that said, you are dealing with legal matters that Brand registry is not equipped to address. Have you sent all of your legal ownership documents to Amazon Legal office in Seattle in a certified letter, explaining the situation. They understand legal matters and can make things happen for you.
OP: "We are trying to set up brand registry but the USPTO # has already been submitted and used by the previous owner."
Correct. Now that you are the new owner, you have two choices.
1. Do nothing and keep selling the brand as is.
2. Change the brand to your brand name, which will require new packaging, and new GS1 UPS's for each different product in the line.
Now with that said, you are dealing with legal matters that Brand registry is not equipped to address. Have you sent all of your legal ownership documents to Amazon Legal office in Seattle in a certified letter, explaining the situation. They understand legal matters and can make things happen for you.
Hi there @Seller_ppXM4i0ZWYyk8
I have helped some sellers in the past with similar issues. One thing I did notice is that the company listed as the trademark owner is not listed anywhere within your seller account. Before I can escalate this, that will need to be squared away.
Once that's done, please let me know and I'll work to send this off to the proper team.
-Jim
Hi there @Seller_ppXM4i0ZWYyk8
I have helped some sellers in the past with similar issues. One thing I did notice is that the company listed as the trademark owner is not listed anywhere within your seller account. Before I can escalate this, that will need to be squared away.
Once that's done, please let me know and I'll work to send this off to the proper team.
-Jim
Hi @Jim_Amazon thanks for the quick response!
The trademark ownership document has both the Original owner name "Michael" signed off and transferred to the new owner, "Marc". the admin account to our Seller Central is Marc and its there.
Unless it should be somewhere else in Seller Central? Please advise
- DeliciousTFE_
Hi @Jim_Amazon thanks for the quick response!
The trademark ownership document has both the Original owner name "Michael" signed off and transferred to the new owner, "Marc". the admin account to our Seller Central is Marc and its there.
Unless it should be somewhere else in Seller Central? Please advise
- DeliciousTFE_
I am not familiar with purchasing a brand (registered trademark) through a broker. However, if the brand was still active at the USPTO.gov when you purchased it, then you should have an Assignment record from the owner (or authorized agent) and your company should now be listed as the primary Trademark owner at USPTO.gov
I don't know what 2 documents you have with the USPTO and the transfer of ownership document should really be the assignment from the former owner (again, this information is all on the USPTO.gov website).
If you check your record on the USPTO.gov website is your company now listed as the TM owner? Use the TSDR link under TM search to look at what is recorded.
I am not familiar with purchasing a brand (registered trademark) through a broker. However, if the brand was still active at the USPTO.gov when you purchased it, then you should have an Assignment record from the owner (or authorized agent) and your company should now be listed as the primary Trademark owner at USPTO.gov
I don't know what 2 documents you have with the USPTO and the transfer of ownership document should really be the assignment from the former owner (again, this information is all on the USPTO.gov website).
If you check your record on the USPTO.gov website is your company now listed as the TM owner? Use the TSDR link under TM search to look at what is recorded.
Thank you for the thoughts! I'll take a look and see what we can do.
Thank you for the thoughts! I'll take a look and see what we can do.
Hi @Jim_Amazon , thanks for the explanation.
The "Current Owner(s) Information" is correct and is an entity. In this case, not ONE single person owns the TM, but the business entity itself. Can I share information or documentation that proves "Marc" is the President of the current TM as seen on USPTO?
Hi @Jim_Amazon , thanks for the explanation.
The "Current Owner(s) Information" is correct and is an entity. In this case, not ONE single person owns the TM, but the business entity itself. Can I share information or documentation that proves "Marc" is the President of the current TM as seen on USPTO?