(10.1 – 10.4) Brand Registration Process in the U.S.

Brand Registration Process in the U.S.

Eazyppc welcomes you to the article ‘Brand Registration Process in the U.S.’ – you should read and thoroughly understand the previous articles, as Eazyppc uses terms and concepts that were explained in earlier lessons throughout the following ones.

After conducting product research and calculating your business plan and estimated costs, Sellers need to learn about brand registration in order to sell products under their own brand. Registering your brand helps you avoid Hijacking situations, losing the Buybox, and allows you to distribute your products more safely and sustainably for long-term growth on Amazon.

1/ Choosing a brand name

• Sellers should choose a name that is meaningful, unique, easy to remember, easy to pronounce, and does not duplicate (in name, rhyme, or pronunciation) any other trademark, to avoid lawsuits or complaints.
• You can use the USPTO (United States Patent and Trademark Office) tool to check whether a name is already taken here. Additionally, check the availability of a website domain name and related social media accounts if you intend to build a long-term Brand and avoid legal issues.
• Choosing a good name can benefit Sellers later if you decide to exit (sell the company or the brand), as a meaningful brand name helps increase its valuation:
  • Avoid using purely descriptive names, as they are typically harder to get approved during registration.
  • You can ask ChatGPT for creative brand name suggestions.

2/ If you are a U.S. citizen

• You can register directly with the USPTO at a cost of $350 USD per application per product class.

3/ 2 trademark statuses when registering a brand

• No product yet (“Intent to Use”) – With this type, the Seller has a set period of time (usually 6 months) to demonstrate actual use of the trademark in commerce; if unable to do so, the application may be cancelled.
• Already has an actual product (“Use in Commerce”) → This type is recommended (section 1(a)):
  • Take photos of the product displaying the brand logo.
  • After filing, if there are no disputes or related reports within 1 year, the brand application is automatically approved without needing to submit additional supporting documents.
  • “Use in Commerce” is generally prioritized and has a faster review process if specific product images with the brand logo are provided.

4/ Advantages of using a brand registered for over 1 year

• If financially able, Sellers can look for brands already listed on the USPTO for over 1 year and purchase them to use right away:
  • Brands >1 year old are generally safer, better protected, and less subject to legal challenges.
  • Brands <1 year old can still be opposed or rejected.
  • These are typically from Sellers who registered their brand to sell on Amazon but are no longer active.

5. Brand registration support services

• You can hire a full-service package from Vietnam (~550–600 USD for the first class, all fees included).
• Choose a service that also supports:
  • GTIN (UPC) exemption on Amazon – verify carefully to avoid purchasing previously used GTIN codes.
  • Amazon Brand Registry enrollment
  • Beyond GTIN exemption and Amazon Brand Registry enrollment, if needed, Sellers can also inquire about additional paid services such as: tracking the status of the registration application, handling responses from the USPTO, and supporting brand maintenance and protection after successful registration.
• Once your brand name appears on the USPTO, Sellers can find the brand ID on the USPTO and use it to link to their Amazon account via Brand Registry (the service provider may assist with connecting to Brand Registry).

6/ Important notes when registering your Brand on Amazon

• When registering, select the option to not allow others to distribute → this helps Amazon better protect your brand.
• After successful registration, product packaging images featuring the brand logo can be used to apply for a GTIN (Global Trade Item Number) exemption.

7/ UPC / GTIN Codes

• You can purchase UPC codes from Vietnam if you wish (~300–400k VND per code) – there is a branch in Vietnam.

8/ Amazon features available after linking your brand to your Amazon account:

• Once your brand is linked to Amazon, you will have access to many tools:
  • Brand Analytics (detailed data analysis)
  • Sponsored Brands (SB) – advertising with your brand name
  • A+ Content, Amazon Stores, Amazon Attribution…

9/ Sharing a brand across multiple Amazon accounts

• In theory, 1 brand can be shared across multiple accounts, but this is not recommended.
  • If one linked account gets suspended, other accounts can easily be flagged as “related” and may also be affected. Each account should only be linked to 1 brand.

10/ If a sub-account wants to use Brand Analytics

• You need to share permissions:
  • Global Permission
  • Check the Brand Analytics permission under User Permissions from the main account.