Pending Trademark for Amazon Brand Registry: Is It Enough?
Online Amazon sellers often assume they must wait until they have a full federal trademark registration before they can apply to Amazon Brand Registry. That was closer to the truth when the program first launched, but Amazon has since relaxed its rules. Today, you can typically enroll in Amazon’s Brand Registry program by using a pending trademark application as your trademark for Amazon, as long as the trademark application has been filed with an approved government office, such as the USPTO, and appears in that office’s database as live. This change is significant because it allows you to pursue Brand Registry much earlier in your brand’s life cycle.
A pending trademark application is filed with the USPTO (or another recognized office) and assigned a serial number. Amazon uses this serial number, along with images of your products and packaging, to verify that you actually own the brand you want to enroll. The trademark must still meet Amazon’s formatting rules: it should be a word mark or a logo with legible wording, and the brand name on your products must match the wording in the trademark application. Once Amazon is satisfied that the trademark application is genuine, it may grant Brand Registry access while the USPTO continues examining your case.
It is important to understand, however, that a pending trademark for Amazon does not carry the same weight as a registered trademark. If the USPTO later refuses registration because the trademark is too descriptive, conflicts with an earlier filing due to similarity or relatedness, or has other legal defects, the protection you enjoy on Amazon could be scaled back. Amazon has indicated that if a pending application ultimately fails, you may lose some Brand Registry privileges, even though your basic product listings usually remain live.
For that reason, you should treat a pending trademark application seriously. The fact that Amazon will accept it does not mean any quick filing will do. A rushed, weak application might unlock Brand Registry in the short term but create complicated problems later if it cannot be registered. Working with knowledgeable counsel to select a distinctive trademark, conduct trademark clearance searches, and draft an accurate identification of goods or services helps ensure that your pending trademark for Amazon is also on track to become a strong, enforceable registration over time.