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
Sure Sandy, thank you for reaching out. You'll find my case IDs below:
16696401991 - 2nd appeal to attach design mark to denied word mark.
15338405751 - 1st appeal to attach design mark to denied word mark
12992148071 - brand approval for brand registry for word mark
My word mark was denied by USPTO in May 2024, during this time I submitted another application in a different class with a design mark to attach to my brand registry. My account has been in good standing, with zero violations on the account health page.
If the issue is attaching a pending design mark to a denied word mark in brand registry, would resubmitting the same word mark in a different class through IP accelerator work? Would all my ASINs still be able to operate under this same brand name using this method?
Sandy_Amazon
Hi @Seller_agRNh5EWD0sdu
Thank you for the case details.
Unfortunately, if your USPTO was declined you cannot use this anymore. You have a new trademark and a serial number so you will have to reapply again.
If your ASINs are under the same brand name, you can list these in the sample ASIN section of the application. Please see the Brand Registry application guide for more information!
Sandy
Seller_agRNh5EWD0sdu
Hey Sandy,
Thank you for this information. To get more clarification on this, I can reapply with the same exact word mark brand name as the denied brand, using a different class in USPTO, register these existing old brand name ASINS in the brand registry application? Using this method, I will not have to create new product listings and I should be able to essentially transfer the old ASINs to the new brand name (same name), correct?
Seller_agRNh5EWD0sdu
To piggyback off my previous comment, when I do go into brand registry to apply for a new brand and input the original word mark, it's telling me the brand is already enrolled and I need to connect additional trademarks to this denied brand instead. This path doesn't allow me to add additional trademarks due to the denied brand.
Also, the existing ASINs are underneath the denied brand name and as per the guide you sent over, if an ASIN is already brand registered, the new brand application will be declined.
Shouldn't there be a way for me to attach a new mark to the denied brand, under a different class? The system is essentially telling me I have to apply for a new word mark unrelated to my current brand through USPTO, rebrand all my products, and launch new ASINs.
Sandy_Amazon
Thank you for letting me know.
The reason you may be getting this message is because the USPTO trademark is showing as denied, but your brand is still registered with Brand Registry. The system may take some time for this information to reflect as we wait for USPTO to give us the updated data.
I am going to escalate your case to the enrollment team to see what the best action would be. Please allow me a few more days to find you the answer.
Thank you.
Sandy
Seller_agRNh5EWD0sdu
Thank you for looking into this for me Sandy! I truly appreciate it.
I wanted to add, the class I registered for under the same mark is the class my products are currently in. When I found out the previous mark was declined, I stopped selling in that class of products and moved into the class I'm currently selling in.
Sandy_Amazon
Thank you for letting me know @Seller_agRNh5EWD0sdu
They have assigned a brand representative to look into my case this morning. Once they respond I will let you know.
Sandy
Sandy_Amazon
Hi @Seller_agRNh5EWD0sdu
I heard back from the brand team.
Unfortunately the reason you cannot file under a new trademark number was due to your other brands health status.
You currently have 3 brands and it seems one is flagged with Amazon. Unless you resolve this, Amazon Brand Registry will not accept new brand applications.
Would you please check the health/account status of the brands you have on brand registry and appeal any flags that may be causing this?
Sandy
Seller_agRNh5EWD0sdu
Hey Sandy,
I only have access to the account health dashboard, not brand dashboard. I'm unable to find 'brand health' anywhere. Can you lead me in the right direction with a link?
Thanks
Seller_agRNh5EWD0sdu
Hey Sandy, I've reached out to seller support, and scoured seller forums, reddit and other links for the "Brand Health" page and I'm unable to find it or locate it. I'd be grateful for your help as all my attempts resulted in a dead end.
Seller_agRNh5EWD0sdu
Hey Sandy,
Seller support has assisted me and it turns out the brand health dashboard was replaced with the customer experience metrics tool, which was also removed. It stated to refer back to the following:
ACCOUNT HEALTH
VOICE OF THE CUSTOMER
PRICING HEALTH
My account is in a healthy status, with no complaints or flags. My listings are all in good standing and priced properly with no recommendations.
Could you please assist with how to move forward? I just received word from USPTO that my mark will be granted and registered on the 24th for the class my current products are in for the mark in question.
