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
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
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.