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We previously outlined the benefits of Amazon Brand Registry, which helps sellers protect their intellectual property and reap the rewards of a trusted brand name.
A live US trademark application or registration is required to apply for Brand Registry enrollment on Amazon.com. The acceptance of a Brand Registry application is usually a straightforward process.
But what happens if your Brand Registry application is declined? We will go over the main reasons for your application being rejected and offer instructions to fix this.
First, identify the reason for being rejected.
The first step is to review the Amazon notification rejecting your Brand Registry application to understand why your application was declined.
Most common solution: Reapply! Try resubmitting your Brand Registry application, fill out only the mandatory sections and skip any optional fields. In many cases this will resolve the issue. If Amazon still rejects your application, we’ll go over your options below.
Here are the main reasons for your Brand Registry application being denied:
Account involved in abusive conduct:
Amazon rejection language will read something like: “your account or application was found to be associated with abusive conduct b) your application or account is related to another account used for such abusive conduct, or c) you are associated with one or more selling accounts as a primary owner and all of them have failed seller verification”
Solution: if you filed your trademark application on your own, you may want to have a US attorney record themselves as your representative for the trademark with the US Patent and Trademark Office (USPTO). Once this is done, try reapplying for Brand Registry enrollment. This will often fix the problem and assuming your application goes through, Amazon will send the verification code to your attorney, who will provide it to you so you can finalize your enrolment by sending Amazon the code.
If you are still unable to enroll and getting the same rejection notice about your account health, you may want to seek professional assistance to resolve any underlying account health issues before reapplying for Brand Registry.
Your logo does not match the images:
Amazon rejection language usually reads: “The brand name on your product images do not match the brand on the brand application”
Solution:
Step 1: Start by checking the USPTO PDF filing receipt for the exact form of your trademark. Pay close attention to the wording that was used including any punctuation, spaces, etc.; and check if it was filed as a Word Mark (Standard Character Mark) or as a logo (Design mark).
Step 2: Make sure the form of the mark as filed with the USPTO matches the mark shown on your product or packaging.
Step 3: Resubmit your Brand Registry application using images different than those submitted with your rejected application. Make sure the brand name is legible and clearly visible in the images.
Your trademark application was filed by a “blacklisted” firm:
Amazon rejection language will read something like:
“a) one or more users on the brand are engaging in conduct that violates Brand Registry’s policies, such as, but not limited to, invalid notice submissions via our notice submission channels or tampering with the catalogue; b) one or more users on the brand are related to other Amazon accounts or brands that have violated Amazon or Brand Registry’s policies; c) inability to provide sufficient evidence of branding on products/packaging; d) one or more users on the brand have a selling account that is deactivated; or e) your trademark application appears to be filed by a filing firm that may be violating US federal regulations and USPTO rules.”
Background: At the beginning of the year, the USPTO cracked down on certain ‘low-cost’ firms that filed trademark applications while abusing regulations and failing to meet USPTO standards. We recently covered the massive scam of trademark applications. Amazon Brand Registry privileges were revoked or denied for sellers who used these low-cost blacklisted firms.
Solution: If you filed your trademark application through a blacklisted firm you will want to first disassociate your mark from the backlisted firm or attorney. This can be done by hiring an attorney who is in good standing with the USPTO to take over as your representative for the mark. Once the new representation is recorded with the USPTO you should reapply for Brand Registry enrollment. As mentioned above, once this is done, try reapplying for Brand Registry enrollment. This will often fix the problem and assuming your application goes through, Amazon will send the verification code to your attorney, who will provide it to you so you can finalize your enrolment by sending Amazon the code.
Any other generic rejection by Amazon:
For any other rejection notice by Amazon not mentioned above, try reapplying for Brand Registry enrollment while skipping all optional fields and adhering to the guidelines above.
Conclusion
Brand Registry enrollment is usually a straightforward process once you file your US trademark application. Most Brand Registry rejections can be fixed by reapplying, but it’s important to pay attention to the Amazon rejection notice so you know what to fix when giving it another shot. Don’t be discouraged by the rejection, Brand Registry is a crucial tool for Amazon sellers. You’ve come a long way and filed your trademark application, make sure you bank on it by enrolling in Brand Registry!
