Aileen Shepherd Kell

Trademarks for Amazon Brand Registry

Trademark Requirements

To enroll in Amazon Brand Registry, you must have a pending or registered trademark.

Previously, Amazon only accepted applicants with registered trademarks. Given that the trademark registration process can take a year or longer, this caused a significant delay in the enrollment process for new businesses with pending applications. As a work around, Amazon developed its IP Accelerator program. The idea was that Amazon would accept applicants with a pending application, if the trademark was filed by one of the 11 “trusted” firms curated by Amazon. Given that Amazon now accepts pending or registered trademarks, you will not receive any special expedited service using the IP Accelerator Program.

Amazon accepts pending trademark applications from ASK IP LAW, and all other firms.

Trademark Process

Clients ask if they can pay a fee to expedite the registration process with the United States Patent and Trademark Office (USPTO). The answer is no, and this should not be a concern for Brand Registry purposes considering pending applications are accepted. The USPTO examines applications in the order in which they are filed, so it is in your best interest to file as soon as you have selected your mark and completed a search.

Can I just file a mark to have a pending application with the USPTO to jump start the Amazon enrollment process? Technically, yes, but Amazon will likely deny your application if the mark is clearly generic or descriptive of the goods being sold, or the mark is not used appropriately in connection with the goods.

Currently, there are more than 500,000 brands worldwide enrolled in the Brand Registry program. With this in mind, the first step is to select a strong mark that will set you apart from the crowd and help consumers identify your brand. This is true regardless of whether you intend to sell on Amazon. The next step is conducting a search to determine if any marks exist that may be deemed confusingly similar to your mark. This is important not only to secure approval by Amazon and the USPTO, but also to avoid a possible infringement claim.

Once a trademark application is filed with the USPTO, you will receive a filing receipt with the serial number that allows you to track and monitor the application. Within a few days of filing, the serial number will be searchable by Amazon (and the public) to verify that you have a pending application. If you have applied for the Brand Registry program and file your application with ASK IP LAW, we will respond to Amazon’s trademark ownership verification email at no additional cost. This means you can get access to Amazon Brand Registry within a week.

Benefits of Registration

Registering a trademark with the USPTO affords businesses numerous benefits, regardless of whether the products are sold on Amazon.

There is a legal presumption that you are the owner of the mark and have the exclusive right to use the mark nationwide.
Prevents registration of identical or confusingly similar marks used in connection with related goods or services.
Serves as a basis for a foreign filing.
Use of the ® symbol to put the public on notice that your mark is federally registered.
Ability to file a lawsuit concerning your mark in federal court.
A federally registered trademark can be recorded with the U.S. Customs and Border Protection to block infringing products from entering U.S. commerce.
If you are looking to sell your business, registered trademarks can add value to your company.

Additionally, if you are enrolled in the Brand Registry program, you can report infringing marks to Amazon to prevent counterfeiters or brands with confusingly similar marks from selling related goods on the site.

Questions?

Contact ASK IP LAW for assistance with your trademark applications and searches. Flat rates are available.