Brand Registary Declined - Trademark of Brand Is Already Enrolled In Brand Registry
Hello Sir/Madam,
I recently applied to have a brand registry approved by Amazon for our store. I am the sole distributor in the USA of this brand as appointed by the company. The USA trademark is owned by us and we sell Beauty and Personal Care items.
I received the following response from Amazon regarding of brand registry verification being declined.
"Your Brand Registry application has been declined as we have identified the trademark from your application as related to a brand that is already enrolled in Brand Registry."
According to the Lawyer that I filed the Trademark with, no one has the trademark for this brand in the USA.
I know a seller who solely sells in the UK but I don't know if he has any kind of trademark or brand registry. Despite a trademark/brand registry or not, that should not affect anything here in the USA.
We are looking for help determining how to resolve this issue so that we can use our trademarked brand name on Amazon to sell our product.
Thank you!
2 replies
Seller_kIukTwdhvntAp
Back in the early days Amazon was, let's be polite and say "LAX" about who could register in BR.
There have been many posts over the past couple years about brands finally coming to Amazon and finding that years ago some random seller had been able to register as the 'owner' of the brand.
Amazon finally decided to tighten up a bit. I suspect their legal beagles told them they needed to follow the trail to the actual ownership!
Your bigger issue now is you say that " I am the sole distributor in the USA of this brand as appointed by the company. The USA trademark is owned by us and we sell Beauty and Personal Care items."
Since Amazon has gone totally global, it may be a case of competing ownership -- you in the US and the brand owner (manufacturer?) internationally.
There are a number of cases where the brands are owned by competing companies -- some for the US/North America and others for Europe, South America, Asia and so on.
Those appear to be a mess to sort out and some sellers (not owners) have had to get an LOA from ALL of the shared ownership group to even sell in just the US.
Good luck!
JiAlex_Amazon
Hello @Seller_fCl5d63FJg4D7!
My name is JiAlex from the Community Manager team here on forums. I wanted to follow up on your post. In regard to your inquiry, we cannot provide any additional detail other than, Brand Registry is global and that Brand Name has already been registered in Brand Registry.
Amazon Brand Registry is a global service that helps you protect your brand’s intellectual property (IP). When you enroll in Brand Registry, you unlock eligibility for a suite of tools that allows you to more easily manage your brand’s product listings, find and report IP violations, and prevent non-authentication.
Saying this, following Amazon policy and procedure, if you have the exclusivity rights for the Brand, then you should know the Rights Owner/Brand Owner who enrolled the brand in the first place, and as for options, they can transfer ownership of the TM, and then add the USTM to the Brand in Brand Registry and the Rights Owner can grant you access.
Regards,
JiAlex
