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
@Seller_agRNh5EWD0sdu
If you're looking to get this new trademark enrolled in Brand Registry, have you tried applying with that new trademark? I believe this is going to be the correct path as the old trademark is dead!
-Jim
Seller_agRNh5EWD0sdu
Hey @Jim_amazon,
To preface this, I have three brands. Two of which has been denied by USPTO, one brand (1) which I have a flag on that is stopping me from swapping/connecting a registered mark to the other brand (2), the latter being my ultimate goal.
I've attempted to connect this registered trademark in brand registry for brand 2. However, it's telling me I have an open request to connecting this trademark. In my case logs, there are no open cases/appeals/requests for this brand (2). There is an open appeal request with the dead unrelated brand (1) in my case log though.
I recall seller support saying that the problem is two fold:
1) Flag on previous dead brand (1), which I am appealing. Any attempts to appeal the flag on this dead brand has been shut down. However, they want me to appeal the registration of this brand instead which doesn't make much sense because the brand was denied by USPTO and I do not sell anything under this mark anymore.
2) Seller support has told me that they will be able to swap my new registered brand (2) with the denied word mark of the brand (2) after the appeal on the flag of brand 1 is completed.
Jim_Amazon
@Seller_agRNh5EWD0sdu
Got it! So essentially if a brand is enrolled into Brand Registry prior to is being fully accepted by the USPTO and then is rejected, that brand gets taken out of Brand Registry. Since this is a completely separate trademark number, I would like to see if you can apply with just the new one. The issue with trying to connect the new trademark to the old one is that it was rejected by the USPTO.
Please keep me updated once you do that.
-Jim
Seller_agRNh5EWD0sdu
Is there a method to apply with a brand new one? Each time I type my brand name in the application portion, it tells me this brand already exists on Amazon/Brand Registry. It instead tells me I have to connect this trademark with this existing brand on BR. I was hoping there was a way to swap the trademarks, so I can keep all my products underneath it without having to purchase new bar codes and start from scratch again.
Thanks @Jim_Amazon
Seller_agRNh5EWD0sdu
I received word back from the brand registry team that my appeal for the flagged brand has been denied. Is there a way to appeal the flag itself rather than appeal for the reenrollment of the flagged brand? Any assistance in helping appeal the flag directly is greatly appreciated. My account health has been pristine and no flags have occurred since then. Hopefully the brand registry team can take that into account in regards to the flag appeal. Thanks@Jim_Amazon@Sandy_Amazon.
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!
