The Importance of Trademarks for Ecommerce Businesses on Amazon and How Amazon Brand Registry Can Help
As ecommerce continues to grow, the importance of trademarks for businesses has become increasingly clear. Trademarks are essential for protecting a brand’s identity and reputation in the marketplace and can also help prevent counterfeiting and infringement. However, simply registering a trademark is not enough – businesses must also take steps to ensure that their trademarks are being used properly and are not being infringed upon. One tool that can help with this is Amazon Brand Registry, which allows businesses to have greater control over their brand on Amazon’s marketplace.
In this blog post, we will discuss the importance of trademarks for ecommerce businesses and how Amazon Brand Registry can help protect and enhance your brand’s presence on Amazon. As a trademark attorney, I have seen firsthand the benefits that trademarks and Amazon Brand Registry can provide for businesses, and I look forward to sharing this knowledge with you.
What Is a Trademark?
A trademark is a legal protection for your brand name, logo, and other distinguishing features that make your products or services unique. It prevents others from using your brand name and causing confusion among consumers. For ecommerce businesses, a trademark is especially important as it can help you establish a strong online presence and protect your brand from copycats.
What Is Amazon Brand Registry?
Amazon Brand Registry is a program offered by Amazon that helps brand owners protect their registered trademarks and enhance their brand presence on the Amazon platform.
The program provides brand owners with access to a variety of tools and features that enable them to take control of their product listings and intellectual property on Amazon.
Understanding the Benefits of Amazon Brand Registry
Some of the key benefits of Amazon Brand Registry include:
- Enhanced brand protection from infringement and counterfeiting on Amazon.
- Manage and control the product listings.
- Search tools that help find and report instances of suspected trademark infringement.
- Monitor the brand’s performance on Amazon and track sales and customer engagement.
Do I Need a Trademark to Enroll in Amazon Brand Registry?
To enroll your brand in Amazon Brand Registry, you must first obtain an active registered trademark from the United States Patent and Trademark Office (USPTO) that matches the brand name or logo used on your products or have a trademark pending registration.
If you do not have an active registered trademark for your brand, you will need to file a trademark application with the USPTO, which is what we can help you with.
The trademark for your brand can be in the form of a text-based trademark (word mark) or an image-based trademark with words, letters, or numbers (design mark).
Examples of trademarks Amazon Brand Registry currently accepts are shown below:
If you do not have an active registered trademark and would like to file a trademark application, feel free to get in touch with us. We can be reached at (480) 875-2700, via email at firstname.lastname@example.org, or through our contact form at the bottom of this page.
What Is IP Accelerator?
IP Accelerator is a program offered by Amazon that is essentially just a list of law firms that can file a trademark application for your brand. While Amazon has pre-negotiated rates with these law firms, IP Accelerator is really just an expensive way to get on Amazon Brand Registry.
Do I Need to Use IP Accelerator to Enroll in Amazon Brand Registry?
No, you do not need to use IP Accelerator to enroll in Amazon Brand Registry. In fact, IP Accelerator is now obsolete. At one point it was the only way to get on Amazon Brand Registry fast, but Amazon changed that policy in 2019. Any law firm can file your trademark.
Do I Need a Lawyer To Get a Trademark?
The answer to this question depends on whether you are a US citizen or not.
As of August 3, 2019, all non-US trademark applicants, registrants, or parties must be represented by a US trademark attorney if they wish to sell their products in the United States.
This law has been put in place because the USPTO wants to ensure that all applicants/registrants are in full compliance with US trademark law, as well as to ensure the accuracy and integrity of registered trademarks.
If you are a US citizen, it’s possible to file a trademark application on your own, but it is highly recommended that you hire a trademark attorney to assist you with the process as it can be complex.
Five Reasons Why You Should Consider Working With The Phoenix Trademark Attorney
- We have extensive knowledge and experience in trademark law and can guide you through the process of obtaining a trademark.
- You can ensure that your trademark application is filed correctly and that your brand name is protected from potential infringement.
- We’re much cheaper than the law firms listed on IP Accelerator.
- We handle the entire trademark process from start to finish for one affordable flat fee, including responses to office actions, if any are received – There are NO billable hours at our firm.
- You will get your Serial Number immediately after we file your application so you can get on Amazon Brand Registry in only a few minutes.
How To Get a Trademark for Your Ecommerce Business
Conduct a Trademark Search
Before filing for a trademark, it’s important to conduct a thorough search to ensure that your chosen brand name is available and doesn’t infringe on any existing trademarks, as well as to assess the likelihood of approval by the United States Patent and Trademark Office (USPTO).
The Phoenix Trademark Attorney can help you conduct a comprehensive search and provide guidance on potential conflicts. The searches we employ are valuable because we tell you if your proposed brand name is taken and even more so because we use our experience to advise you when the situation is unclear. We know what to look for and how to identify whether any existing trademarks and brands will cause problems for your trademark application.
File a Trademark Application
Once you’ve determined that your chosen brand name is available, you can file a trademark application with the USPTO.
To file a trademark application with the USPTO, you will need to provide the following information:
- The name and address of the person or entity that owns the trademark.
- A clear and accurate representation of the trademark itself.
- The goods and/or services associated with the trademark.
- Indicate whether you are filing based on use of the trademark in commerce or intent to use the trademark in commerce.
- Pay a filing fee to the USPTO when you submit your application.
- Additional information or documentation, depending on the nature of your trademark and the goods/services associated with it.
Overall, filing a trademark application process requires careful attention to detail and a strong understanding of trademark law. Consider consulting with a trademark attorney if you need help preparing your application.
Respond to Office Actions, If Any Are Received
When you file a trademark application with the USPTO, you may receive an office action. An office action is a formal letter from the USPTO that lists any issues or objections with your trademark application.
To respond to an office action and get your trademark approved, you will need to follow these general steps:
- Read the office action carefully – The office action will outline the USPTO’s concerns and objections. Make sure you understand them completely.
- Determine your response strategy – Depending on the nature of the objections, you may need to amend your application, provide additional information or evidence, or argue against the USPTO’s objections.
- Prepare your response – Draft a response that addresses each issue raised in the office action. Make sure your response is clear, concise, and well-supported.
- File your response – Submit your response to the USPTO through the Trademark Electronic Application System (TEAS) within six months of the date the office action was issued.
- Wait for a decision – The USPTO will review your response and make a decision. If your response is accepted, your trademark will proceed to the next stage of the registration process. If it is not accepted, you may receive another office action or your application may be rejected.
- Repeat as necessary – If you receive another office action, repeat the process until your trademark is approved.
If you had us file the trademark application originally, we will respond to the office action on your behalf as part of our comprehensive trademark filing package for no additional cost.
On the other hand, if you filed the application on your own, consider consulting with a trademark attorney like us if you need help navigating this process.
Enrolling In Amazon Brand Registry After Filing a Trademark Application
To enroll your brand in Amazon’s Brand Registry, you will need to sign into your Amazon Account and submit the following information:
- Your brand name that you want to enroll in Amazon Brand Registry
- Images that show the trademark for your brand on your products and/or packaging
- Registration Number provided by the USPTO if your brand has an active registered trademark or Serial Number if you just filed your trademark application and do not have an active registered trademark yet. If your trademark was filed by us, we will provide you with the Serial Number immediately after filing
- A list of product categories in which your brand should be listed
After you submit this information, Amazon will verify that you are the rights owner of the trademark and get in touch with a contact that meets their requirements.
If we filed your trademark application, that contact will be us – Amazon will send us an email containing a trademark ownership verification code, which we will send back to Amazon to complete the enrollment process.
Once Amazon has verified the provided information, you will gain access to Amazon Brand Registry along with all its benefits and features that help you protect your brand.
We Specialize In Amazon Brand Registry Enrollment
If you’re an ecommerce business owner looking to protect your brand, obtaining a trademark is an important step in that process. Consider working with the Phoenix Trademark Attorney to ensure that your trademark application is filed correctly and that your brand is protected from potential infringement.
If you are interested in working with us, contact us at (480) 875-2700, via email at email@example.com, or through the contact form below. One of our attorneys will get back to you within 24 hours of your submission to schedule a phone consultation, virtual meeting, or an in-person meeting with you. We look forward to hearing from you!