USPTO trademark registration for Amazon sellers.

Why does Amazon Brand Registry need a trademark?

Amazon Brand Registry is how Amazon knows you own a brand, and it is gated by a trademark. Amazon Brand Registry accepts registered trademarks and, in many cases, pending applications — check current requirements, because Amazon updates its list of accepted trademark offices and mark types. The brand name on your mark should match the brand name on your products or packaging.

For a private-label seller, Brand Registry is not optional. It unlocks A+ Content, Sponsored Brands and Sponsored Display, Brand Stores, Brand Analytics, Amazon Attribution and the Brand Referral Bonus, plus much stronger control over your listing content. Most importantly, it gives you tools to report counterfeits and hijackers. Without a trademark behind it, your brand is a name anyone can use.

Should you file a word mark or a design mark?

If you can only file once, the word mark usually gives an Amazon brand the broadest protection. A design mark can follow later.

Which trademark classes do you need?

The USPTO groups goods into numbered international classes, and your application covers only the classes and goods you list. Examples private-label sellers run into often: Class 3 for cosmetics and skin care, Class 5 for dietary supplements, Class 21 for kitchen and household goods, Class 25 for clothing. Each class carries its own government filing fee, so the right answer is the classes you sell in now and plan to enter soon — not every class that sounds related. The description of goods matters as much as the class number; vague or overly broad wording is a common reason for an office action.

What does a trademark clearance search check?

Before filing, we run a clearance (knockout) search to spot obvious problems: existing registrations or pending applications for the same or confusingly similar names in related goods, and names so descriptive the USPTO is likely to refuse them. We also check Amazon itself, because a name already in use in your category is a problem even if nobody registered it. A clean search does not guarantee registration, and for a high-stakes name a full attorney search and opinion is worth the cost.

What happens after you file with the USPTO?

Applications are filed either on a use-in-commerce basis, with a specimen showing the mark on your goods, or an intent-to-use basis if you haven’t started selling. After filing, a USPTO examining attorney reviews the application. If they have questions or grounds for refusal, they issue an office action with a response deadline; miss it and the application can be abandoned. Approved marks are published for opposition, a window in which third parties can object, and then proceed to registration.

How long does it take? It depends on USPTO backlog and whether an office action comes up, but it often takes many months and can run to over a year. File early — ideally when you choose the brand name, well before inventory lands. Note that USPTO rules require applicants domiciled outside the US to be represented by a US-licensed attorney.

What does Embarc handle, and what should an attorney handle?

Trademark work is quoted as a project. Government filing fees are set by the USPTO per class, are paid by you, and are never marked up without disclosure.

Trademark is usually one step in a bigger build. See how it fits into our end-to-end private label service, or read how to start an Amazon private label business for the full sequence. Once you are registered, Brand Registry unlocks A+ Content and helps you keep control of the Buy Box against hijackers.