Registering the brand on Amazon for the first time as an authorized seller of the brand
Hello, we will register a brand registered in the USPTO in the brand registry section of Amazon. I am an authorized seller of a registered brand in America. I have a sales contract, license agreement, and proforma invoices stating that I am an authorized seller of the brand. However, when I searched the forums in general, I saw that it was written that the American company address of the brand owner in the USPTO and the address of the American company of the Amazon account owner (i.e. the Amazon account business address that will register the brand) should be the same as the address of the American company. I have a different American company that belongs to me as the authorized seller of the brand, will I encounter any problems while registering the brand, please answer. Thank you
Registering the brand on Amazon for the first time as an authorized seller of the brand
Hello, we will register a brand registered in the USPTO in the brand registry section of Amazon. I am an authorized seller of a registered brand in America. I have a sales contract, license agreement, and proforma invoices stating that I am an authorized seller of the brand. However, when I searched the forums in general, I saw that it was written that the American company address of the brand owner in the USPTO and the address of the American company of the Amazon account owner (i.e. the Amazon account business address that will register the brand) should be the same as the address of the American company. I have a different American company that belongs to me as the authorized seller of the brand, will I encounter any problems while registering the brand, please answer. Thank you
5 replies
Seller_i6S8knzW6zU6Z
Hi @Seller_GKlbQlz5rUgDP,
I understand your concern about the addresses not matching. Good news - I've checked the help pages and there's no requirement for matching addresses between the trademark owner and authorized seller.
Since you have a license agreement, you'll want to select "No, I do not own the trademark but I have a licensee agreement/contract with the trademark owner" when applying. You can find this option in the "Brand information" section here: Brand Registry application guide
One important note though - I noticed you mentioned having sales contracts and proforma invoices. Just to help you avoid any delays, these aren't accepted as proof of authorization. According to the "Important checks" section here: Letter of Authorization guide, you'll need a formal Letter of Authorization (LOA) that includes:
- Company letterhead from the trademark owner
- Licensor and Licensee details
- Grant of rights
- Geographic scope
- Term duration
- Authorized signature/stamp from the licensor
Keep in mind that Amazon may reach out to the trademark owner to validate your LOA - this is just part of their standard verification process.
Hope this helps clarify things! Let me know if you have any other questions.
Jim_Amazon
Hi there @Seller_GKlbQlz5rUgDP
First off, what @Seller_i6S8knzW6zU6Z said below is correct. Although we encourage the actual trademark owner to apply for Brand Registry, authorized personnel are allowed to enroll with the brands permission. If you selected that you own the trademark, that is an issue in the application.
Secondly, I do see you applied back in December and I want to give the little information I have in reference to that rejection. Depending on the situation, Brand Registry typically does not disclose a lot of information around the denial reason as per their policy. However, typically when sellers receive this messaging it could mean 2 things:
- The seller themselves has engaged in abusive conduct
- The trademark/brand is abusive.
For 1. If sellers have been selling for awhile, some sellers will have Account Health metrics they will need to work on, or have other selling accounts they opened in the past/present that in bad standing. (deactivated, terminated, not meeting account health metrics, unresolved claims, etc.)
If you are a new seller and do not fall under all things listed in 1, the reason for decline could be for reason 2.
For 2. Trademark reason, if sellers are working with an attorney or agent that violates United States Patent and Trademark Office (USPTO) rules and policies, this will prevent you from enrolling in Brand Registry.
If you’re working through an intermediary, rather than directly with a U.S. licensed attorney, to seek a U.S. trademark registration or enrollment into Brand Registry, your application may be subject to additional investigation by Amazon and the USPTO.
Please check whether your attorney is a subject to an Order for Sanctions from the USPTO or listed on Potentially Misleading Solicitations. If you’re concerned about the validity of your application or the conduct of involved parties, please consult with a new private U.S. attorney to review your application.
Seller_i6S8knzW6zU6Z
That's an excellent point! I've seen several forum posts recently from sellers struggling with exactly this scenario. Thanks again for taking the time.
