First time doing a trademark

E-commerce Business Management
41

USPTO is done in all capitals for a trademark as a word mark. If you have a design mark as the trademark, it might be different.

Yes

After you file with USPTO and all capitals … when you file for Amazon Brand Registry, you use how you normally use the brand name (this is independent of the trademark being in all capitals for USPTO).

So on Amazon Brand Registry … your main concern will be making sure that, when you fill out the application, it matches how the brand name looks on your product packaging.

USPTO trademark = NAMEOFBRAND

Amazon Application = NameOfBrand
Product Packaging = NameOfBrand
(Note: Application and Packaging have to be exactly the same to get into brand registry)

42

Thank you. This was the part that was confusing me.

43

How’s it going so far?

44

Still waiting for them to assign it to an attorney.

Lots of scammers coming out of the woods. Almost got taken by a call that had the USPTO number and name on Caller ID. I had missed the calls, so I called back, and that was the number for the USPTO (I had googled it), but the guy said it’s a scam and he reported it. Apparently, they don’t make calls to us from that number. The scammers called back when I was in a meeting. I told them I would call back (I wasn’t planning to), but then she read her script about how my application would take longer if I don’t resolve this issue. I told her that’s okay, and she hung up. Never heard from her again.

The emails and letters look really official, too, until we check the fine print.

45

Woohoo! Finally a status change. Trademark was approved for publication but not yet published.

46

Time to start hacking the clock toward your declaration of incontestability.

47

Woohoo! :partying_face:

48

Review prior to publication completed. How many more steps are there?

49

If no one objects to the mark, they wait a bit, and then send you your certificate.

Objections are rare.

50

It has be published (typically done on the 1st of a month after approved for publication).
It has to make it through the publication period without any objections (typically a 2 to 3 month thing).
It will then become Registered.

Side Note

If there are any objections when published, those objections have to be worked through and can cause delays. However … after making it to approved for publication, typically there are not objections if the pre-publication work has be done correctly.

51

Thank you. I don’t know if I did it correctly. Did it myself and it’s my first time.

52

Woohoo! It’s scheduled for publication!

53

:partying_face: Wow, that is a huge but uncommon adulting milestone right there!

Any tips or advice for anyone else thinking of doing it themselves?

54

I looked up competitors’ trademarks and used them as a guide as to which categories to choose and the phrasing for the application.

In addition to using TESS to search for existing trademarks, I used https://www.trademarkclear.com/ to search for potential conflicts.

Fingers crossed that no one challenges my mark.

55

I finally got my trademark! I filed last year on August 3. Got it approved today. I feel so much more confident about filing for trademarks now.

56

Congratulations @Amazon_Seller ! :clinking_glasses: This is a big milestone for a small business. Thank you for keeping us updated!

57

Congratulations

58

Nice. We just got one that we’ve been working on SINCE 2019! Haha

Initially rejected because of likelihood of confusion with another similar mark owned by a giant CPG brand you know.

We knew they had nothing in commerce under that name for 10 years but because of who they were and who they knew apparently, that was OK.

Through some legal work, we were able to get our point across to the USPTO and their mark subsequently was laid to rest (died).

Our attorney applied for the mark the day the other died and we got it a couple weeks ago.

Mission accomplished.

Never, Ever Give Up!