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
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
Seller_agRNh5EWD0sdu
Hey @Jim_Amazon
I've attempted to add the trademark on my end, however, the system is forcing me to appeal. The case is currently pending again. Is there anything you can do on your end to move this forward?
Thanks!
Jim_Amazon
@Seller_agRNh5EWD0sdu
I unfortunately cannot do anything to expedite this review as it's at the discretion of the reviewing team. However, please keep me updated once you hear back from them!
-Jim
Seller_agRNh5EWD0sdu
Hey @Jim_Amazon,
My appeal for the brand in question has been rejected again by brand registry. This issue is pushing three months. Any help pushing this forward is greatly appreciated.
Jim_Amazon
@Seller_agRNh5EWD0sdu
Unfortunately, based on what I'm seeing in the message that the team sent you in the latest case, they have found some aspect of your account that is not compliant. I have no way to change this as the decision is at the discretion on that specific team.
I would recommend to review every point the team made in that case to see if you can find what needs to be addressed.
-Jim
Seller_agRNh5EWD0sdu
Hey @Jim_Amazon,
I understand your hands are tied in this case and I appreciate your efforts to assist me the best you can. Are there any tips that you are aware of to properly appeal these types of decisions? Are there any details on this case you may pass off to me that can aid in the appeal? My account has been in great standing for years and I have not received any strikes on any of my products underneath my two brands. Thank you so much!
Jim_Amazon
@Seller_agRNh5EWD0sdu
The only tip I really have for you is to not continue submitting the same information on the appeal over and over again. The team will only seriously review updated information that they have not seen before. I also recommend if you do find something off with your account in reference to the bullet points you received, come up with a plan to ensure it'll never happen again.
-Jim
