If you sell on Amazon, there are many good reasons for getting an Amazon trademark registration for your brand.
Think of your favorite brands. Maybe it’s the soap you use in the shower or the fitness clothing brand that always stands up against your harsh exercise routine.
Now, think about the most distinguishable aspects of the branding. Sure, it could be the great packaging or a branded scent. However, most people will think of the logo on the box or the clothing item.
There’s a good chance these logos are trademarked. If you own an ecommerce company, there are many benefits to filing a trademark and signing up for Amazon Brand Registry. Here’s everything you need to know about filing an Amazon trademark.
Overview of Amazon Trademark Registry
A trademark is a phrase, word, design, and/or symbol that defines a brand. Trademarks are important because they are intellectual property that distinguishes a brand from others.
Trademarks make you a more distinguishable and competitive business in your niche, ensuring consumers can recognize your brand and will make you appear more trustworthy.
Why Amazon Trademark Protection Is Worth It
Trademarks are essential for Amazon sellers and various other companies. Here are a few benefits of getting a trademark.
Gives Your Brand Value
Your brand is special for many reasons. Maybe you sell unique products or found a solution in your niche that competitors don’t offer. While you know your brand is exceptional, the public may not understand this immediately.
This is where a trademark comes in handy. You can’t trademark something that isn’t special. If you get your trademark approved, you can use this as leverage to stand out in a crowded market, solidifying your brand and building customer loyalty.
Plus, a trademark can help you expand into different markets, ecommerce platforms, and countries, boosting your revenue stream even more.
Protects Your Brand
According to the FTC, Amazon tops the list of the most impersonated businesses.
In 2023, Amazon seized over 7 million counterfeit products. While Amazon is decreasing fraud with Brand Registry and other programs, selling on the ecommerce giant’s platform still comes with risks. This is where a trademark comes in.
An Amazon seller trademark can protect your brand from counterfeiters, taking business away from you and destroying your reputation.
If you discover a counterfeiter is selling your products or is posing as you, you can take legal action against them and use your trademark registry as proof of brand ownership.
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Improved Brand Awareness
Think of some of the biggest companies like Nike and Dove. Picture their products. What comes to mind? The Nike swoosh? The Dove bird?
Congratulations, you just proved that trademarks are an excellent brand awareness method. As your products get more exposure and your customers see your trademark more frequently, they associate your brand with the image of phrase.
Seeing your trademark will make your customers think of your products’ reliability, quality, and value. Not only will you attract new customers, but you will retain existing ones, increasing sales even more.
How to Get an Amazon Trademark
If your business is in the US or you want an American trademark, register your trademark with the United States Patent and Trademark Office (USPTO). Registering a trademark is complex, so follow these steps and know what to expect.
Hire an Attorney
The USPTO rejects 48.3% of all trademark applications. That’s why it’s best to hire a trademark lawyer to do the work for you.
An experienced attorney knows business owners’ hurdles when filing a trademark, so you’ll face fewer delays. Even though attorney fees seem expensive, ecommerce owners don’t need to worry about wasted money on a rejected application.
Create Your Trademark
Once you find an attorney, you must create a trademarked image or phrase. This can be more difficult than you would expect.
Let’s say you want to trademark a phrase. You’ll use this phrase on your packaging, website, Amazon store, and other places. You’ll want to choose the phrase, font type, size, and colors. The same goes for a logo or symbol.
Should you choose an image or phrase? It’s better to trademark art, such as a symbol, since it’s more unique and creative. While you can trademark a phrase, you must prove you’re using it alongside your products.
One of the most famous examples is “snap, crackle, pop” trademarked by Kellogg. These are the names of Kellogg’s cartoon mascots; the names and characters are both trademarked. This trademark appears with their snacks and cereals in all their commercials, ads, marketing, and packaging.
For best results, your trademark should be as distinctive as possible. So don’t compromise on the details; if your trademark is generic, the USPTO may reject it.
In addition, don’t use standard information or imagery in your trademark. Branded or personal names are examples, but you should avoid using location-based names and imagery.
Search for Your Trademark
Before registering your trademark, search for the phrase and ensure it hasn’t already been claimed. You’ll also want to search for any imagery similar to yours. You can search for existing trademarks on the USPTO website.
Registering an existing or similar trademark is one of the most common reasons the USPTO rejects applications. Ask your lawyer for advice if you’re unsure about the trademark you want and if it’s too similar to an existing one.
File the Application
Once the trademark is selected and created, it’s time to file your application. With your attorney’s help, this process is very straightforward. You can apply for a trademark on the USPTO website.
There are different trademark applications, but most businesses will fill out the intent to use application. During the application, you’ll also need to provide information about yourself, your business, and your products (though this may not always be applicable).
It may take six months to over a year for the USPTO to approve your trademark.
Respond to the Examiner (if Applicable)
Once you apply, a USPTO attorney (the examiner) will review your trademark. If any issues arise, the examiner will issue an Office Action. All business owners who receive one of these must respond.
Some simple problems include filing the incorrect person as the trademark owner. Others are more significant and may require more evidence or a legal briefing. That’s why it’s integral to hire a lawyer for this process.
Submit Specimens and First Sale Date
Part of your approval is to submit specimens or examples of your trademark. Examples include screenshots of your trademark in your online store or packaging. You should also state when you plan to use the trademark in commerce.
Post-Registration
After the USPTO registers your trademark, the work still isn’t over. There are post-registration steps to take to ensure your trademark is still active. For example, you must submit renewal documents every 10 years; remember that renewal comes with fees.
The USPTO isn’t the only place to register a trademark. You can submit your Amazon trademark registration using the Brand Registry program.
A trademark from the USPTO is only valid in the US; if you plan on expanding internationally, it’s a good idea to submit an international or another regional trademark. Certain product lines should also have trademarks or patents, especially if you invent something new.
You can develop new trademark forms of styles, but you must contact the USPTO and request changes.
Amazon Trademark Programs and Tools to Try
Filing a trademark DIY can be a complex endeavor. After you get your trademark approved, signing up for Amazon Brand Registry can be a hassle. Fortunately, there are several tools available that can ease the process.
For example, Amazon offers an Intellectual Property (IP) Accelerator. This program connects you to legal services specializing in intellectual property to expedite the trademark process and manage IP infringement on Amazon.
All ecommerce business owners should apply for seller verification. When you join this program, Amazon will verify your business details and the identities of those behind the company. This ensures a real person is running the business and the company is legitimate.
Amazon Transparency is one of the most vital counterfeit detection tools. Sellers use unique barcodes on their items. These barcodes are challenging to duplicate, so customers will always know where the product was manufactured and who sells the item.
Amazon Brand Gating is another tool that will prevent fraudulent sellers from listing existing items. This tool detects duplicate ASINs. You can take legal action if you discover a fraudster is selling your counterfeit products.
When an Amazon Trademark Isn’t Enough
The biggest brands in the world have a trademark, and there are many reasons you should, too. You can legally secure a symbol or phrase that defines your brand, improving your marketing and securing your business from fraudsters.
However, a trademark may not be enough. There are restrictions to the words and images that you can register. Trademarks are also valid regionally, and registering for international trademarks is even more complex. Even an Amazon trademark service will only get you so far.
Fortunately, there’s another solution. We can conduct information on your niche and competitors to create a strategy to put you ahead of the market.
Author
Stephanie Jensen has been writing ecommerce content for seven years, and her copy has helped numerous stores rank on Amazon. Follow her on LinkedIn for more insight into freelance writing and creating high-quality content.
