Original Word Mark Denied, Design Mark in Different Class Denied Even After Appeal. What do I do?
I originally launched a brand in the supplement category using IP Accelerator, which got denied for being too similar with another brand. At that time, instead of rebranding I abandoned that category and started selling in an unrelated category. Concurrently, I applied for a new design mark within this different class. I used this pending registration to attach to the original denied word mark. I was denied, I appealed with all the necessary information and got denied.
I have reapplied under a different class which does not conflict with this initial rejection. Is there a way to go about this without complete rebranding and refiling under a different mark? I want to continue using this mark in a separate class. I assumed Amazon would have allowed me to connect this pending design mark since it's pending and in a completely different class.
Original Word Mark Denied, Design Mark in Different Class Denied Even After Appeal. What do I do?
I originally launched a brand in the supplement category using IP Accelerator, which got denied for being too similar with another brand. At that time, instead of rebranding I abandoned that category and started selling in an unrelated category. Concurrently, I applied for a new design mark within this different class. I used this pending registration to attach to the original denied word mark. I was denied, I appealed with all the necessary information and got denied.
I have reapplied under a different class which does not conflict with this initial rejection. Is there a way to go about this without complete rebranding and refiling under a different mark? I want to continue using this mark in a separate class. I assumed Amazon would have allowed me to connect this pending design mark since it's pending and in a completely different class.
37 yanıt
Sandy_Amazon
Hi @Seller_agRNh5EWD0sdu
My name is Sandy from the Community manager team.
Do you happen to have a support case on this topic for me to investigate further? I need specifics like brand names and what seller support or brand registry support has provided as information so far.
Best,
Sandy
Jim_Amazon
Hi there @Seller_agRNh5EWD0sdu
Okay so two things here:
1. Can you please take a screenshot of the error message you receive when you try to reapply? This will help me when I send it to the enrollment team!
2. If you're comfortable, can you please send the new trademark number as well? If you're not comfortable sending it on a public forum, you can simply send it via the appeal case you opened initially!
-Jim
Seller_agRNh5EWD0sdu
Hey @Jim_Amazon,
To address my previous statement in regards to my registered trademark, I misread the email sent by USPTO. I actually have not received it just yet. I still have ~7 weeks until the certificate of registration is issued.
Hopefully that doesn't throw a wrench into getting the issue fixed. If it does, I'll happily wait for the certificate of registration to be issued before reaching out again.
As for the screenshot and trademark, I'll be submitting it in the case file right now!
Thanks!
Jim_Amazon
@Seller_agRNh5EWD0sdu
Could you please send me the case ID for where you submitted that information? Thank you!
-Jim
Seller_agRNh5EWD0sdu
Hey @Jim_Amazon
See case ID - 16909485881
Jim_Amazon
Thank you for that. I've sent this off to a contact I have to see if they can give me any further information. I'll let you know when I hear back from them!
-Jim
Seller_agRNh5EWD0sdu
Thanks @Jim_Amazon, I appreciate you looking into this for me!
Jim_Amazon
Hi there @Seller_agRNh5EWD0sdu
I heard back from my initial contact and they've instructed me to try a different path to get some more information.
Are you able to create a case with Brand Registry support for this specific trademark addition? After looking at the case for second time, it appears that there were 2 different brands mentioned within that case so I would like for you to open one that only talks about this brand/trademark!
-Jim
Seller_agRNh5EWD0sdu
Please see ID: 17133610801 for this newly opened case
Thanks @Jim_Amazon!
Jim_Amazon
@Seller_agRNh5EWD0sdu
Please go ahead and send over the information the team is asking for in the case! They can work from their end while I continue from mine.
-Jim
Seller_agRNh5EWD0sdu
hey @Jim_Amazon,
To give you an update, I just received the notification of registration today from USPTO!
Jim_Amazon
That's awesome!
Have you tried again to add the trademark to the brand? If not, please do and I believe I have a path forward I can push this through on my end.
-Jim