• September 29, 2020
  • Brent Sausser
  • 0
AMAZON-PENDING-TRADEMARK-WOMAN

Amazon Brand Registry allows pending trademark applications for brand registry through its invitation only program. We’ll provide helpful information so you can potentially start the Brand Registry application process utilizing this procedure to achieve a shorter wait time to protect your brand.

Requirements for Amazon Brand Registry with Pending Trademark

Amazon Brand Registry was created to help relieve some of the intellectual property claims on their site. It’s essentially a registrar for Amazon sellers and vendors to help control product listings. It features and automated system to remove some violators while at the same time allowing you to bulk report other infringements.

Prior to this pilot program Amazon sellers would need to wait for their trademarks to register or use one of the selected firms through its IP Accelerator Program.

Now there is a potential to accelerate the Brand Registry process yourself. Amazon states the following requirements:

  1. Your brand has a trademark that is pending registration with trademark offices in the U.S. or India.
    • You’ll have a Serial Number, which you will need to provide.
  2. You have an active Amazon Seller Central or Vendor Central account.
  3. You are not already enrolled in Brand Registry with a registered trademark.

Where to Sign Up for the Pending Trademark Amazon Brand Registry?

The process is currently invitation only. However, you can request Amazon send you an invitation to participate. Simply click on the link below to be sent to the Amazon pending trademark form:

https://brandservices.amazon.com/pending-trademark-request

What are the benefits of Amazon Brand Registry?

The overall objective of the program is to make it easy for you to enforce or protect your brand from infringement on Amazon. Although, there are numerous benefits:

  1. Amazon helps regulate sellers with its automated system to remove some violators.
    • Remove titles that have your trademark.
    • Remove manufacturers that sell your products in countries where you do not offer your goods.
  2. Easy to bulk tag infringers and have goods removed.
  3. You can use Amazon’s trademark search tool to find infringers without having to change screens.
  4. 24/7 phone service just for Amazon Brand Registry.
  5. You are able to take advantage of other Amazon tools.
    • Enhanced Brand Content
    • Amazon Store
    • Sponsored Brands

How do I get a pending trademark?

You will need to apply with the United States Patent and Trademark Office (USPTO) or apply in India with the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).

When you file with either Office, you will be assigned a Serial Number, which you can use in the above Amazon form to indicate you have a pending trademark.

The USPTO recommends that you use an attorney to file the US application. If you are located in another country other than the US, it is a requirement you use a licensed attorney.

If looking for a licensed US attorney, our law firm can file for as low as $399 legal fee, see our services here:

If I filed using the IP Accelerator Program am I eligible?

If using the IP Accelerator Program, you cannot use the pending trademark request form here.

Instead you have to contact them via the IP Accelerator contact form located here.

  • At this time it seems Amazon wants you to continue to use the IP Accelerator rather than the pending trademark request form.

What is the IP Accelerator Program?

The IP Accelerator Program designed to allow early access to Amazon Brand Registry. It forces the Amazon seller to hire a chosen firm with Amazon. Once represented by that firm, it appears the trademark owner can qualify for Amazon Brand Registry prior to having a federal trademark registration.

You can have access to Brand Registry in about 4-6 weeks. However, if you receive an Office action rejecting your mark with the USPTO, and do not respond, your application will abandon and you will be removed from Amazon Brand Registry.

What’s Using the IP Accelerator Program Cost?

There are a maximum fees that are pre-negotiated with law firms:

  • A high-level brand search of Trademark Office records for relevant pending applications or registrations = $500
  • A comprehensive brand review including Trademark Office records and unregistered uses = $1800
  • Filing a US trademark application = $600 (plus government fees or approximately $275)
  • Full cost = $1,375 or $2,675 (includes USPTO fee for one class of goods/services) depending on search preference.

Who Qualifies for the IP Accelerator Program?

In order to qualify you must have an active Amazon seller account in good standing.

You cannot use the program if your seller account is deactivated, suspended, or in bad standing.

Should I use the Pending Trademark Form or the IP Accelerator Program?

It’s up to you.

If you already have a pending trademark, then definitely try the pending trademark form.

If you use the pending trademark form it will mean that you did not use the IP Accelerator Program to file an application with the Trademark Office, and will not be able to use that process unless you file a different application.

The IP Accelerator Program puts the power for Amazon Brand Registry into the firm you choose. The pending trademark form puts the power of early Brand Registry into your hands.