Amazon Brand Registry
2 min read
Mark applied for/registered with USPTO must match identically with Amazon Brand Registry mark
Amazon requires that the characters in your trademark application filed with the USPTO match identically with the brand name you wish to enroll in Amazon Brand Registry. Below are some examples of how an Applicant can mistakenly apply for registration of their mark in a form that is inconsistent with the form they wish to use with Amazon Brand Registry.
Examples
Applied for mark with USPTO: FUTUREPOWER
Brand used on Amazon: FUTURE POWER
Problem: The applied for mark with the USPTO has no space between the two words, yet the Applicant uses the mark as two words on Amazon and wishes to obtain brand registry for the mark as two-words. This is a problem because Amazon requires that the mark as applied for with the USPTO match identically with the mark being registered with brand registry.
Applied for mark with USPTO: JUMPER!
Brand used on Amazon: JUMPER
Problem: The applied for mark with the USPTO has an exclamation point, but the Applicant uses the mark without an exclamation point on Amazon and wishes to obtain brand registry for the mark without the exclamation point. This is a problem because Amazon requires that the mark as applied for with the USPTO match identically with the mark being registered with brand registry.
Only marks on the Principal Register are eligible for Amazon Brand Registry
Applications and registrations on the Supplemental Register are not eligible for Amazon Brand Registry. If all terms in your trademark are merely descriptive, primarily merely a surname, or are unregisterable on the Principal Register in word form for some other reason, it still may be possible to obtain brand registry for your mark if your apply for your mark in a stylized or design form with the USPTO and such stylization or design is distinctive enough to support registration. Note that the non-distinctive terms in your mark would need to be disclaimed with the USPTO and while you may be able to avail yourself of certain brand registry benefits — such as enhanced brand content — you will likely hit a roadblock trying to stop others from using the terms which you disclaimed with the USPTO.
