If you're an Amazon seller, having a registered trademark is crucial to protect your brand and enroll in programs like Amazon Brand Registry, which offers benefits such as enhanced brand protection, access to A+ content, and better control over your listings. Here’s a step-by-step guide on how to trademark your brand in the USA for Amazon.
Step 1: Choose a Unique Brand Name
Before applying for a trademark, ensure your brand name is:
Unique and Distinctive – Avoid generic or common terms.
Not Similar to Existing Trademarks – Search the USPTO database to check for potential conflicts.
Related to Your Products or Services – Your brand name should align with what you're selling on Amazon.
How to Check Trademark Availability:
Visit the USPTO Trademark Electronic Search System (TESS) at USPTO.gov to perform a free search.
Step 2: Identify Your Trademark Class
The United States Patent and Trademark Office (USPTO) categorizes trademarks based on the type of goods or services they represent. Determine the correct class for your products (e.g., clothing falls under Class 25, cosmetics under Class 3).
Pro Tip: If your brand sells multiple types of products, you may need to apply for multiple classes.
Step 3: File a Trademark Application with USPTO
You can file a trademark application online through the Trademark Electronic Application System (TEAS). Choose from the following application types:
TEAS Plus ($250 per class) – Requires detailed, pre-approved descriptions of goods/services.
TEAS Standard ($350 per class) – Allows more flexibility in descriptions but costs more.
Steps to File:
Go to USPTO.gov and select “Apply Online.”
Fill in details like brand name, product description, and business information.
Upload a specimen (proof of use), such as product packaging or website screenshots.
Pay the application fee and submit.
Step 4: Monitor Your Application Status
After submission, the USPTO will review your application, which can take 6-12 months. You can check the status using the TSDR (Trademark Status and Document Retrieval) system on USPTO's website.
Possible Outcomes:
Approval: Your trademark is published for public opposition (30-day period).
Office Action: If issues arise, USPTO will send an office action requiring corrections or clarifications.
Opposition: Third parties may challenge your trademark, which may require legal defense.
Step 5: Receive Trademark Approval & Registration
If no objections arise, your trademark will be officially registered, and you will receive a certificate of registration from the USPTO. This process can take up to a year.
Step 6: Enroll in Amazon Brand Registry
Once your trademark is approved, you can enroll in Amazon Brand Registry, which provides tools to:
Protect your brand from counterfeit listings.
Gain access to enhanced marketing tools like A+ content.
Get better control over your product detail pages.
How to Enroll:
Go to brandservices.amazon.com and sign in with your Amazon Seller Central account.
Submit your trademark registration number from USPTO.
Complete the verification process.
Step 7: Maintain Your Trademark
To keep your trademark active, you must:
File a Declaration of Use (Section 8) after 5 years.
Renew your trademark every 10 years.
Monitor for infringement and take legal action if necessary.
Additional Tips for Amazon Sellers
Consider working with a trademark attorney to ensure a smooth filing process.
If you're in a hurry, you can apply through Amazon's IP Accelerator, which offers fast-tracked trademark applications via trusted legal firms.
International sellers should look into filing through WIPO (Madrid Protocol) for global trademark protection.
By following these steps, you can protect your brand, enhance your Amazon selling experience, and ensure long-term success on the platform.