Amazon Brand Registry Update: Faster Access with Pending Trademarks, But Potential Risks
Cislo & Thomas LLP
Providing Quality Client Care in all Intellectual Property Matters Since 1979
Takeaway: Amazon has updated its Brand Registry program to allow sellers to access it with pending trademark applications, significantly reducing wait times and bypassing the need for a fully registered trademark, though this change raises concerns about potential abuse.
Amazon Brand Registry is a program designed to help sellers protect their brands on Amazon by granting access to tools for removing counterfeiters, “listing hijackers,” and trademark infringements. Initially, sellers needed a fully registered trademark, requiring an 8-12 month wait in the United States. However, recent updates to Amazon’s policy have made the process faster and more accessible by allowing pending trademark applications to qualify for Brand Registry. Sellers now often gain access within a week of filing their trademark applications with the USPTO. This change has led to a 99% success rate for applicants, making it easier for businesses to protect their brand and connect with customers without enduring lengthy delays.
The updated policy applies globally and has rendered Amazon’s IP Accelerator program less essential, as the primary benefit of immediate access is now standard. While this shift is a boon for sellers, it raises concerns about potential abuse, as Amazon currently lacks a system to monitor rejected or frivolous trademark applications. Despite these risks, the faster process benefits sellers who need immediate action against counterfeiters and listing hijackers, providing much-needed flexibility and efficiency for businesses navigating the competitive Amazon marketplace.