Efficient Amazon Brand Registry Troubleshooting: When the USPTO Says ‘Nope’

Steven Pope - Amazon Expert

Amazon brand registry troubleshooting isn’t just about fixing problems; it’s about keeping your brand’s identity intact when the USPTO throws a curveball.

Your USPTO (United States Patent and Trademark Office) trademark rejection puts your Amazon Brand Registry at risk. Will your listing turn “generic,” or lose Brand Registry perks like A+ content?

Without a Brand Registry, you lose critical tools for protecting and growing your brand. Rebranding is an option, but it’s a messy process on Amazon.

Some sellers opt to change their brand name when faced with this challenge. In this blog post, we’ll share the strategies our Amazon experts use to guide clients through this process. If you’d rather avoid the stress and complications of a brand name change, our Amazon agency can handle the heavy lifting for you.

Table of Contents

Amazon Brand Registry Troubleshooting: Why USPTO Rejects Trademark Applications

Trademark rejection by the USPTO happens for several reasons, often rooted in how the mark is perceived or conflicts with existing trademarks. Here’s a breakdown of the most common causes:

1. Likelihood of Confusion

The USPTO may reject a mark if it’s too similar to an existing one in sound, appearance, or meaning and is used for related products or services. For instance:

Example:

If you want to register “Apple Tech” for tech products, it might be rejected due to its similarity to “Apple” for electronics.

2. Descriptive or Misleading

Marks that plainly describe the product or are misleading can’t be registered.

Examples:

  • “CREAMY” for yogurt is too descriptive.
  • “THC Tea” for tea without THC is misleading.
  • Fast Food” for a restaurant chain.

3. Geographic References

If the mark refers to a location but the product isn’t from there, it may be rejected.

For example:

Meghan Markle’s upcoming lifestyle brand, American Riviera Orchard, has faced a setback with the USPTO rejecting its trademark application. The USPTO cited the use of a geographical location as a reason for the denial. 

4. Primarily a Surname

A surname trademark refusal happens when the USPTO rejects a mark because it’s just a last name without “secondary meaning” or “acquired distinctiveness.”

Example:

“Smith” would likely be denied, as it’s a common last name. The USPTO prevents granting exclusive rights to names shared by many people. However, if the surname becomes associated with a brand, it may qualify for trademark protection.

5. Ornamental Use

Marks used only for decoration, like a large slogan across a t-shirt, aren’t registrable. For example: “Blacker the College Sweeter the Knowledge” printed prominently on clothing is considered ornamental, not a trademark.

Example:

Imagine you apply for “City Woman” for a clothing line. If another brand has “City Girl” for similar products, the USPTO could reject your mark for creating a similar impression and confusing consumers.

Trademark rejections can derail your branding plans. Conduct a thorough trademark search before filing and consult experts to increase your application’s success chances.

Amazon Brand Registry Troubleshooting: Why A Rejected Trademark Is An Issue?

Amazon Brand Registry is a game-changer for brand owners, offering a suite of tools to protect your brand and enhance your listings. 

Suppose the USPTO refuses your trademark registration. In that case, your Amazon listings won’t be directly affected, but you’ll lose access to Amazon’s Brand Registry privileges and protections. 

While your sales may not take an immediate hit, you’ll lose out on essential tools that can significantly boost your brand and sales on Amazon. These tools help protect your brand, enhance your listings, and attract more customers, ultimately driving sales growth.

Brand Development Tools

A+ Content & Brand Story

Boost your sales and engage customers by telling your brand’s story. While the current brand story may stay on your listing, losing access to this feature means you won’t be able to update important elements like crawl text, image alt text, and content. Regular updates are essential, especially during holidays, to keep your listings fresh and relevant.

Sponsored Brands

Sponsored Brand Ads help increase brand awareness by showcasing your brand creatively through images, videos, or product collections. These ads stand out in Amazon search results and target new customers.

You can use them to highlight multiple products or focus on specific needs, like gender-specific items. With customizable creatives for special occasions, like Mother’s Day, you can direct shoppers to a dedicated page on your storefront.

Sponsored Brand Ads help boost visibility and engagement, making them a key tool for Amazon sellers looking to grow their brand.

Key Takeaways:

  • Sponsored Brand video ads boost product visibility and engagement, ideal for awareness campaigns with creative planning.
  • Video ads can drive sales but often have higher ACoS due to their focus on upper-funnel strategies.

Social Posts

Amazon social posts are an underrated tool for boosting sales, offering a free, engaging way to reach potential customers. Here are 7 actionable tips to improve your social post game:

  1. Use unique images. Share photos not in your product listings to attract more attention and generate interest.
  2. Use cellphone lifestyle shots. Capture your product in use with casual, relatable shots to create a more authentic feel.
  3. Incorporate keywords. Use relevant keywords in your posts to improve discoverability and search rankings.
  4. Tell stories. Instead of hard selling, share stories about how customers use your product to engage emotions and build connections.
  5. Understand your audience. Tailor your content to your target customer, considering their lifestyle and needs to make posts resonate.
  6. Post consistently. Keep a regular posting schedule, ideally one to two times a day, to maintain engagement and visibility.
Amazon Brand Registry Troubleshooting Social Post Best Practices
How To Best Create Social Posts On Amazon

Branded Stores

An Amazon Brand Store is a customizable storefront on Amazon that helps sellers showcase their brands and products. It increases brand visibility, enhances consumer trust, and can boost sales by providing a dedicated space for potential buyers to explore your products.

Actionable Tips:

  1. Set a Meta Description. This helps with Google SEO and can improve your ranking for brand and non-brand keywords.
  2. Use a Clear Header. Make sure your brand name and what you sell are easily visible.
  3. Create Sub-Pages. Build multiple sub-categories to give customers easy navigation and a better experience.
  4. Add Videos. Simple unboxing videos can increase conversion rates by showing the product experience.
  5. Use Social Posts. Leverage social media posts to drive engagement and visibility.
  6. Optimize for Mobile. Ensure your store looks great on both desktop and mobile.
  7. Test Your Store. Run A/B tests for better performance and user feedback.

3D Models & AR

Amazon’s “View in 3D” and “View in Your Room” features allow customers to interact with products, but 3D modeling goes a step further. It lets you create detailed, customizable models for a more immersive experience. You can also use these models across your website, social media, and marketing materials.

Why It’s Important for Sellers:

  • Better Customer Experience

3D models offer a more engaging shopping experience, letting customers see your product up close.

  • Higher Conversions

Shoppers are more likely to purchase when they can interact with products in 3D, especially with features like “Virtual Try-On.”

  • Stand Out from Competitors

Use 3D images to differentiate your listings from those using only 2D photos.

Want more tips and strategies on making the most out of 3D images? Check out our Amazon agency’s LinkedIn newsletter, Could 3D Product Modelling Be The Game-Changer For Your Amazon Listing? for expert insights.

Brand Analysis & Metrics

Amazon Brand Registry Troubleshooting Brand Analytics
How To Use Brand Analytics

Brand Analytics on Amazon is a powerful tool that provides valuable data to help sellers better understand their performance and outshine competitors. It offers deep insights into customer behavior, search performance, and how your products are perceived in the marketplace.

  • Search Query Performance (SQP)

Brand Analytics shows which search terms drive traffic to your products. It gives you insights into impression share (how often your product appears in search results) and purchase share (how often your product is purchased compared to competitors).

  • Conversion and Click-Through Rate (CTR) Data

Although you can’t see competitor conversion rates directly, you can assess your own conversion rates and CTR for top search terms, helping you gauge how well your product performs against others.

  • Customer Insights

Brand Analytics also shows reasons why customers are purchasing or returning products, giving you valuable feedback for improving your listings and product offerings.

Brand Protection Tools

Access the self-service tool to report potential infringements of your trademark.

Take immediate action to remove counterfeit listings and protect your brand from malicious activity.

Use unique product codes to authenticate and track your products, stopping counterfeit goods.

Collaborate with Amazon’s team and law enforcement to stop counterfeiters.

Without Brand Registry, you will miss out on these tools and protections, which are crucial for building a trusted brand and ensuring its growth on Amazon. While your sales may not immediately drop, losing Brand Registry access can limit your ability to develop and safeguard your brand on the platform.

Brand Name Change After a Rejected Trademark Application

If your trademark application was rejected, you might need to update your brand name on Amazon. Here’s how you can do it:

Method 1: Update via Amazon's Help Section

  1. Go to the Help section in the top corner of Seller Central.
  2. Search for “Brand Name Change” and select the recommended solution.
  3. Choose the Rebrand option and enter your new brand name and ASIN.
  4. Click Next to create a case. Amazon will review and update your brand name if all requirements are met.

Method 2: Use a Flat File (If Method 1 Doesn't Work)

  1. Delete your existing listing for 24 hours.
  2. After 24 hours, relist it with the correct brand name.
  3. In the flat file, choose Update instead of Delete for your brand name.
Amazon Brand Registry Troubleshooting How to Change a Brand Name on Amazon
Brand Name Change on Amazon

Method 3: Contact Seller Support

If the above methods fail, contact Amazon Seller Support:

  1. Click Get Support and select Selling on Amazon.
  2. Describe your issue and keep selecting “My issue is not listed” until you get to Account-related.
  3. Provide your ASIN, and Amazon will help resolve the issue.

Best Practices for Amazon Brand Registry Troubleshooting

Amazon Brand Registry provides powerful tools for brand protection, but the enrollment process can be tricky. Here are key best practices to avoid common issues:

1. Ensure Exact Match with Trademark Info

Your trademark must match exactly across all platforms:

  • Brand name: Spelling, capitalization, and abbreviations must be exact.
  • Owner name: Ensure the registrant’s name on the USPTO matches the name on your Amazon account.
  • Small details: Pay attention to punctuation, spaces, and capitalization.

2. Match Product Images with Trademark

The brand name on your product images must exactly match your trademark:

  • Check your USPTO filing for the exact wording.
  • Update product images to clearly show the brand name as filed.

3. Avoid Blacklisted Trademark Firms

If you used a low-cost trademark firm that’s been blacklisted, you may face issues. Disassociate from the firm and hire a USPTO-licensed attorney to represent your trademark, then reapply for Brand Registry.

4. Align Ownership and Registration

The trademark owner must enroll in Brand Registry. If the Amazon account and trademark owner are different entities, provide documentation proving ownership alignment.

5. Fix Account Health and Abusive Conduct Issues

If you face account health issues, work with a professional to resolve them before reapplying for Brand Registry.

6. Double-Check Every Detail

Go over every detail of your application—brand name, trademark, and ownership—carefully to ensure everything matches exactly.

Brand Registry and trademark FAQs

How to check brand registry status on Amazon?

To check your brand's registry status on Amazon, log in to the Amazon Brand Registry portal using your Seller or Vendor Central credentials. If your brand is enrolled, it will be listed in your account. Alternatively, attempt to enroll your brand; if it's already registered, you'll receive a notification indicating so.

How long does it take to get brand registry on Amazon?

The duration to obtain Amazon Brand Registry varies. If you already have a registered trademark, the process typically takes one to two weeks. However, acquiring a trademark can take several months, depending on the jurisdiction.

What is the 5665 error in Amazon?

Error code 5665 on Amazon occurs when you attempt to list a product under a brand name that isn't recognized by Amazon's system. This often happens if the brand isn't registered or isn't associated with your seller account.

Can I sell my brand on Amazon without brand registry?

Yes, you can sell products under your brand on Amazon without enrolling in Brand Registry. However, without Brand Registry, you won't have access to certain tools and protections, such as Enhanced Brand Content, Amazon Stores, and proactive brand protection measures. 

Should I Purchase a Word or Logo Design Trademark?

We recommend going with a word mark, as it’s simpler, more straightforward, and works best for Amazon. Logos may have issues with minor variations in punctuation or spacing, but a word mark ensures an exact match every time.

We can file both a word and a logo mark, but this requires a separate order.

Should I Trademark Both My Brand Name and Logo?

Some brands choose to trademark both their brand name and logo for extra protection. However, each would require a separate filing, which means double the cost. Many companies feel that trademarking just the brand name offers sufficient protection.

We can file both a word and logo mark, but this requires a separate order.

How Long Does a Trademark Last?

Trademarks can last indefinitely, as long as the mark continues to be used in commerce. A statement of use must be filed 5 years after the trademark is registered.

Don't Let a Trademark Rejection Derail Your Brand

Navigating Amazon Brand Registry can be tricky, especially when faced with a USPTO trademark rejection. But fear not! Our Amazon experts can guide you through the process, ensuring your brand stays protected and thriving.

Contact our Full Service Amazon agency today to strategize your next steps.

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Steven Pope, Founder

Hi I’m Steven, founder of My Amazon Guy, a 500+ person Amazon Seller Central agency out of Atlanta, GA. We growth hack ecommerce and marketplaces through PPC, SEO, design, and catalog management.

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