Amazon Brand Registry Compliance Precautions

Understanding Trademark Compliance Issues

In recent years, there has been an increase in trademark agent violations. These violations and their penalties are recorded in trademark files and are publicly visible. This information can be used by others to challenge the validity and stability of affected trademarks, directly impacting trademark registration and potentially business operations and brand reputation.

For example, violations during the US trademark application process, including breaches of Trademark Practice Rules and USPTO website usage rules (such as rules regarding signatures, certifications, agents, and USPTO account usage), can lead to a Show Cause Order from the United States Patent and Trademark Office (USPTO).

Responding to a Show Cause Order

If your company receives a Show Cause Order from the USPTO, consider the following actions:

1. Preemptive Screening and Hiring Qualified US Attorneys:
   • The USPTO requires that trademark applications be handled by qualified US attorneys.
   • It is crucial for businesses to be vigilant and identify fraudulent agents.
   • Be cautious of agents offering suspiciously low prices or claiming to handle trademark evidence of use.
2. Post-Violation Remediation to Mitigate Further Losses:

   Legitimate brand owners should seek assistance from compliant US attorneys as soon as possible to file new trademark applications for the same mark in the United States. Currently, the USPTO does not explicitly prohibit filing a new application for the same trademark on the same goods if a prior identical application is pending. The new application may be placed in a pending status. It is important to ensure that the brand owner has actual use or intent to use the mark for the goods specified in the new application, otherwise, the application may not be registered.

   Before submitting a new application, legitimate brand owners can also consider withdrawing previous trademark applications or explicitly abandoning the registration of trademarks listed in the Show Cause Order. Affected businesses should consult with qualified attorneys for assistance.

USPTO Show Cause Orders and Brand Registry Impact

Q: What does it mean if the USPTO issues a Show Cause Order, potentially leading to trademark invalidation or unstable registration status?

Currently, the USPTO has not imposed final sanctions on Seller Growth. However, if a investigated company fails to respond successfully, the trademark applications on the list may be terminated, and the trademark applications invalidated. For already registered trademarks, the USPTO will add the final sanction results to the trademark file. Depending on the severity of the violations, some trademarks may be deemed invalid from the outset, and subsequent filings may be unable to proceed.

Q: What is the impact on my Amazon Brand Registry if my US trademark does not comply with USPTO regulations?

Amazon adheres to the USPTO's determination of trademark validity. If a trademark is revoked, or if the trademark is associated with an attorney who has been sanctioned or disciplined, or if it is deemed non-compliant by the USPTO, it will similarly lose its Brand Registry eligibility. If your brand has other valid trademarks, only the non-compliant US trademark will be removed. However, if there are no other valid trademarks in the Brand Registry, the entire brand will be removed from Amazon Brand Registry, and its associated benefits will be lost.

Please note that brand protection is territorial. If the United States is your country of sale, ensuring the addition of a compliant US trademark is essential for comprehensive protection and to prevent infringement.

Trademarks from other countries cannot substitute for US trademark protection. Therefore, Amazon strongly recommends seeking immediate assistance from a qualified US attorney to reapply for the same trademark in compliance with USPTO procedures.

Amazon's Recommendation: For any local law firms coordinating your US trademark applications, Amazon advises ensuring that the US attorneys they partner with strictly adhere to US trademark practice rules.

You can refer to the following attorney resources provided by Amazon, or you can independently assess and select other solutions that meet USPTO requirements:

• You can connect with Amazon-vetted law firms through the Amazon IPA program, including firms that serve Chinese sellers locally.
• Click here to view Chinese law firms with experience in assisting with US trademark applications.

Managing New Trademarks in Brand Registry

Q: If I have a new trademark, what steps do I need to take in my Amazon Brand Registry account?

You need to add your new, valid trademark to your corresponding brand's Brand Registry account as soon as possible. The process involves three main steps:

1. Log in to the Amazon Brand Registry website, click "Manage," then select "Manage Intellectual Property." If you have registered multiple brands in Brand Registry, select the appropriate brand name from the dropdown menu.
2. Click "Add Trademark."
3. Enter the required trademark information, then click "Add Trademark."

For more information on US trademark matters, please refer to the article "Understanding Common US Trademark Registration Issues and Precautions for Smooth Registration."

Additional Resources

After resolving any trademark issues, remember to link your trademark to your Amazon Brand Registry account to ensure brand benefits are not affected. Click here for more details.

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• Amazon Global Selling China Official Website: [QR Code]
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