Trademark Published - Can I submit to Brand Registry now? Still 11 more weeks until USPTO issues certificate
After waiting almost 1 year for USPTO to process my trademark application, it has now been "published in the Trademark Official Gazette." To be clear, it has been examined by the USPTO and published, it is not pending any more. I applied for the trademark myself, not using the IP accelerator etc.
I didn't realize I now apparently have to wait 30 days after publishing for public opposition (shouldn't be any issue there) and in total, 11 weeks from now until USPTO actually issues the certificate of trademark registration.
I started the Brand Registry application, and it looks like I there are several documents I can submit, one being the certificate of registration (which I don't have yet) but other options it lists I do have. For example just the receipt for the initial filing from back almost a year ago is one of the options listed.
With the trademark now "published" but with no certificate quite yet, should I apply for brand registry, or would my application be denied until I have that official trademark certificate in 11 more weeks?
Also is there any harm in trying if there is a chance for denial--would that delay or block me in the future if I do need to wait 11 weeks for the official certificate?
Thanks for any info/personal experience you can share!
Trademark Published - Can I submit to Brand Registry now? Still 11 more weeks until USPTO issues certificate
After waiting almost 1 year for USPTO to process my trademark application, it has now been "published in the Trademark Official Gazette." To be clear, it has been examined by the USPTO and published, it is not pending any more. I applied for the trademark myself, not using the IP accelerator etc.
I didn't realize I now apparently have to wait 30 days after publishing for public opposition (shouldn't be any issue there) and in total, 11 weeks from now until USPTO actually issues the certificate of trademark registration.
I started the Brand Registry application, and it looks like I there are several documents I can submit, one being the certificate of registration (which I don't have yet) but other options it lists I do have. For example just the receipt for the initial filing from back almost a year ago is one of the options listed.
With the trademark now "published" but with no certificate quite yet, should I apply for brand registry, or would my application be denied until I have that official trademark certificate in 11 more weeks?
Also is there any harm in trying if there is a chance for denial--would that delay or block me in the future if I do need to wait 11 weeks for the official certificate?
Thanks for any info/personal experience you can share!
2 respuestas
Seller_kIukTwdhvntAp
Amazon is admitting applicants under CERTAIN conditions when only filed but not granted.
This is from Sandy_Amazon on 5/16/2023
“To be eligible for Amazon Brand Registry, your brand must have an active registered trademark in each country where you wish to enroll or have a pending trademark application filed through Amazon IP Accelerator. Brand Registry is also accepting brands that have a trademark pending registration in a subset of trademark offices.”
Additionally, IF you ever get an actual TM (if you don’t now) when Amazon says something must match they mean EXACTLY!
That means Street is not ST.
Jim is not James.
ALL CAPS is not SOme CAps
Thanks to Sandy_Amazon for letting us all know that Brand Registry applications are also space sensitive.
And so on………………..
They mean every comma, period, dash, etc. must be EXACTLY THE SAME INCLUDING SPACE S.
Go over everything with a magnifying glass looking for a missing 'period' or 'comma'. Is there a different capitalization, abbreviation, spelling, or, even an extra spa ce?
What is the EXACT BRAND (as GRANTED) on the USPTO site? Is it the EXACT same as the Brand on the Amazon account AND the brand on the packaging?
What is the name of the Owner (REGISTRANT) on the USPTO site? Is it the EXACT same name as the owner of the Amazon account?
If it is NOT exactly the same you will need to show some proof that the two are the same. As I recall, I had to submit my LLC State Registration with MY name as the owner of the LLC since my Amazon account is under a different LLC name.
The OWNER of the Brand is the one that MUST enter into the Brand Registry agreement. If the owner is not the same as the Amazon seller the seller will have to be granted access by the owner.
Dougal_Amazon
Hello @Seller_GUmK6HWrMAZRP,
My name is Dougal from the Community Manager Team and I would be happy to assist with your Brand Registry enrollment eligibility question. @Seller_kIukTwdhvntAp is correct, Brand Registry is currently accepting trademarks that are pending.
The TM still pending registration will not be the specific reason for enrollment denial.
No, no harm. if your application is declined you are able to submit a new application and if you are ineligible to complete enrollment in Brand Registry, you will receive a break down of 3 potential reasons why.
I hope this helps and you are always welcome to post additional questions here in the forums as you progress in your application or if you need any other support.
Best,
Dougal
