Brand Registry - If I apply for brand registry with a pending Trademark application, what will happen to my brand registry status if the USPTO only grants Supplemental Registry Listing and not Principal??
Hello
I have applied to and been accepted into the Brand Registry program with a pending trademark application.
However I am curious, the USA eligibility policy states: Live registration issued and active in the principal register or live application in the principal register. Brand Registry is also accepting brands that have a trademark pending registration.
That leads me to wonder, what happens if the USPTO issues approval for the trademark that you applied to the Brand Registry with, but only allows it to be on the Supplemental registry and not the Principal Registry?
Will I then loose access to the Brand Registry for that brand?
If that does become the case, what happens to my listings that were created using that Brand?
Do they remain listed under that brand, do they fall off to generic, or something else...?
Lets say hypothetically that answer to the question of principal vs supplemental registry is if you don't make principal registry with your trademark, that your brand is then kicked out of Brand Registry program.
Will I still be able to make new listings under that brand or no?
Again, what will happen to the existing listings that were under that Brand?
Can I take the existing listings and ASIN's and update the Brand to a different brand? Or would I have to make all new listings to get Brand Registry privileges again?
Another thought I was curious on:
Could I salvage the current Brand Registry by changing the USPTO application over to a image based mark, which I am 100% sure would be granted, instead of a word based mark where its more difficult to get principal registry listing? Essentially to the end that I would be able to keep my listings in Brand Registry tied to my brand name without consequence of loosing anything?
Essentially what I am trying to avoid here is ending up putting a whole bunch of listings on Amazon tied to this Brand Registry that is based purely on a pending USPOT trademark application and have something happen to the application where it falls short of the Brand Registry requirements, have my Brand Registry stripped away from me, and then having all my listings in limbo, or a useless state where I am essentially starting back at square 1 with building the listings and reviews and traction and all that. And loosing access to control over listings for products that are exclusively my own.
Any insight into these questions or how one might best navigate this type of a situation I think would be insanely insightful for not just myself but the countless others that may be going through the same thing. And there is currently next to ZERO info on this topic anywhere on the internet.
@Sandy_Amazon I know youve been helpful in this are before. Maybe you can be so again or know of another person at amazon that would have the answer! Thanks in advance...
Brand Registry - If I apply for brand registry with a pending Trademark application, what will happen to my brand registry status if the USPTO only grants Supplemental Registry Listing and not Principal??
Hello
I have applied to and been accepted into the Brand Registry program with a pending trademark application.
However I am curious, the USA eligibility policy states: Live registration issued and active in the principal register or live application in the principal register. Brand Registry is also accepting brands that have a trademark pending registration.
That leads me to wonder, what happens if the USPTO issues approval for the trademark that you applied to the Brand Registry with, but only allows it to be on the Supplemental registry and not the Principal Registry?
Will I then loose access to the Brand Registry for that brand?
If that does become the case, what happens to my listings that were created using that Brand?
Do they remain listed under that brand, do they fall off to generic, or something else...?
Lets say hypothetically that answer to the question of principal vs supplemental registry is if you don't make principal registry with your trademark, that your brand is then kicked out of Brand Registry program.
Will I still be able to make new listings under that brand or no?
Again, what will happen to the existing listings that were under that Brand?
Can I take the existing listings and ASIN's and update the Brand to a different brand? Or would I have to make all new listings to get Brand Registry privileges again?
Another thought I was curious on:
Could I salvage the current Brand Registry by changing the USPTO application over to a image based mark, which I am 100% sure would be granted, instead of a word based mark where its more difficult to get principal registry listing? Essentially to the end that I would be able to keep my listings in Brand Registry tied to my brand name without consequence of loosing anything?
Essentially what I am trying to avoid here is ending up putting a whole bunch of listings on Amazon tied to this Brand Registry that is based purely on a pending USPOT trademark application and have something happen to the application where it falls short of the Brand Registry requirements, have my Brand Registry stripped away from me, and then having all my listings in limbo, or a useless state where I am essentially starting back at square 1 with building the listings and reviews and traction and all that. And loosing access to control over listings for products that are exclusively my own.
Any insight into these questions or how one might best navigate this type of a situation I think would be insanely insightful for not just myself but the countless others that may be going through the same thing. And there is currently next to ZERO info on this topic anywhere on the internet.
@Sandy_Amazon I know youve been helpful in this are before. Maybe you can be so again or know of another person at amazon that would have the answer! Thanks in advance...
0 replies
Seller_nDsLviEIuNBmV
Additionally I should add one other point I would like clarification on if possible.
If I were to obtain or have a Text Based and Image Based trademark for my brand. Would I be able to tie both of those to the same Brand Registry account if they're both protecting the same thing?
If not I am curious how that would work. I.E. I get brand registry with a image based mark, then someone uses the same name with different artwork to copy me. They would not be violating the trademark the brand registry was obtained with, but would be violating my text based trademark. So how would amazon proceed with enforcing the violation? If they were not both tied to the same brand registry account I feel like things would get very messy... Any explanation of how thats sorted or how it works?
Seller_NbYSGJ8Tehgbv
There is a very real risk if the USPTO issues approval for the trademark and its for the Supplemental registry.
Once Amazon is able to detect this, you will lose your access to brand registry.
Your listings remain as is...but you will not have brand registry benefits.
ERGO- If you decided to upload A+ content to the listing, it will remain on the listing even if your brand registry access has been revoked. Your listings also maintain the brand name. It will not revert back to generic or anything of the sort.
If your trademark falls into the supplemental registry, you will get kicked out of brand registry. However, you can pursue approval for the use of your brand name. Its easy to get.
Once you get approval to use your brand name, you will be able to make new listings with that same brand name.
Unfortunately, Amazon does not accept image marks. It will not help. You will not be able to leverage your image mark. Only the word mark.
Amazon does not enforce anything without any guidance. If you see that there is a seller infringing on your trademark, you must be the one that reports it. Amazon will then decide weather to take action or not.
Seller_aUbEyzlSSnsDJ
No offense but this is one of the ways hijacking works. TM application unapproved and amazon will accept it. It can take a year or longer before amazon will find out if the TM is approved or rejected. In the meantime, brand registry in inaccurate in our opinion. We think amazon should only accept approved TM applications. Or have a pilot program while waiting for TM acceptance. Great Post.
Jim_Amazon
@Seller_nDsLviEIuNBmV
what happens if the USPTO issues approval for the trademark that you applied to the Brand Registry with, but only allows it to be on the Supplemental registry and not the Principal Registry?
Will I then loose access to the Brand Registry for that brand?
I did want to jump in here to clarify that this is correct as Supplemental TM registrations are not sufficient for Brand Registry.
-Jim
