USPTO rejected my application of brand registry
I am selling on Amazon after applying for a brand registration to USPTO. but the USPTO rejected my application, Amazon brand registry allready inform me that my brand registry got declien.
The products and packaging are already made and selling under this brand name.
If the trademark is rejected and my application is abandoned, will I no longer be able to use this brand on Amazon? What happens to the Brand Registry? Do they right away kick me out of the brand registry? I have already 500 pcs inventory on amazon warehouse.
USPTO rejected my application of brand registry
I am selling on Amazon after applying for a brand registration to USPTO. but the USPTO rejected my application, Amazon brand registry allready inform me that my brand registry got declien.
The products and packaging are already made and selling under this brand name.
If the trademark is rejected and my application is abandoned, will I no longer be able to use this brand on Amazon? What happens to the Brand Registry? Do they right away kick me out of the brand registry? I have already 500 pcs inventory on amazon warehouse.
12件の返信
Seller_Qbd0RsfZFEZBY
Registered a brand on Amazon prior to the brand being accepted, published then registered on the USPTO is always a risk. You decided to accept that risk when you chose to produce the product without a registered mark. At least its only 500 pieces and not 50,000 or 500,000....
Seller_rI7BZIczK8iAC
Yes, you are able. Continue to sell your brand with your actual listing. Just - this brand is not enrolled in brand registry and you can't use the (little) advantages a brand registry enrollement would have. Nothing will happen to the products sent to Amazon.
Jim_Amazon
Hi there @Seller_BTIW9BCTx6d56
I just wanted to hop in here to say that the information @Seller_rI7BZIczK8iAC gave about is accurate! You will still be able to use the brand.
If you decide to try again with the USPTO in the future, you can follow the same application path for enrollment!
-Jim
Seller_Qbd0RsfZFEZBY
True but its risky to sell a pending trademark. No brand registry protections. USPTO can delay, change or deny the mark registration...
Seller_Sram36TnVt73c
FYI, I used a very well-known online legal company to register my trademark and everything went smoothly.
Yes, you can do it cheaper yourself or with another company perhaps, but is the risk worth these hassles?
Seller_TvaTXH61RRGLO
You can still sell, however, you are not protected. That means somebody else may sell under the same name and there is nothing you can do.
On the other hand, a USPTO rejection can be a simple office action or can be a conflict, and in this case you may get in trouble on Amazon if the trademark owner complains to Amazon. I recommend you to get an IP lawyer
