The brand name on your product images do not match the brand on the brand application.
Dear Amazon Team,
We have been applied for brand registration over 10 times but all got rejected by the same reason - "The brand name on your product images do not match the brand on the brand application. Please ensure the trademark name is clearly visible on your product images."
Question 1. Our trademark is an image-based trademark (design mark) made of letters, could this be an issue for initial enrollment as we know design-only mark and logos aren’t accepted for initial enrollment in Brand Registry?
Question 2. If so, what's the difference between "design marks with mark text" and "design only marks" and which category does our trademark fall into if is an image-based trademark (design mark) made of letters?
Question 3. If logo isn't the issue here, does that mean the trademark name is not clearly visible on the product image? We have confirmed that the brand name we provided is permanently affixed to the product packaging. Is there an requirement for the product image?
We have repeatedly confirmed that the brand name on the product images we provided is completely consistent with the brand name we want to apply for. But the application was rejected. Please can someone help here? case ID:13231332231
2 replies
Seller_kIukTwdhvntAp
I didn't find 'FutureSpects' on the USPTO website so what you filed under is possibly causing the issue.
The design and image issue is for you to fight out with Amazon BUT double check all of the following.
Here are common problems and one recent added one is even the issue of extra SPACES!
Additionally, IF you ever get an actual TM (if you don’t now) when Amazon says something must match they mean EXACTLY!
That means Street is not ST.
Jim is not James.
ALL CAPS is not SOme CAps
Thanks to Sandy_Amazon for letting us all know that Brand Registry applications are also space sensitive.
And so on………………..
They mean every comma, period, dash, etc. must be EXACTLY THE SAME INCLUDING SPACE S.
Go over everything with a magnifying glass looking for a missing 'period' or 'comma'. Is there a different capitalization, abbreviation, spelling, or, even an extra spa ce?
What is the EXACT BRAND (as GRANTED) on the USPTO site? Is it the EXACT same as the Brand on the Amazon account AND the brand on the packaging?
What is the name of the Owner (REGISTRANT) on the USPTO site? Is it the EXACT same name as the owner of the Amazon account?
If it is NOT exactly the same you will need to show some proof that the two are the same. As I recall, I had to submit my LLC State Registration with MY name as the owner of the LLC since my Amazon account is under a different LLC name.
The OWNER of the Brand is the one that MUST enter into the Brand Registry agreement. If the owner is not the same as the Amazon seller the seller will have to be granted access by the owner.
Dougal_Amazon
Hello @Seller_66f0GAjuPRzMJ,
My name is Dougal from the Community Manager Team and I am happy to look into your Brand Registry declined applications and provide some assistance. First, thank you to @Seller_kIukTwdhvntApfor taking a look and providing great advice on ensuring the TM matches the brand name exactly - that is very much true.
After reviewing the last 3 rejections, I see that you provided sample ASINs in your application that are not your brand. Reviewing those, I am guessing you were providing like ASINs that are similar to your product. That is not the intent of the sample ASIN section. In this section you should only be providing your branded ASINs and if you do not have any yet due to waiting for your Brand Registry enrollment to pass, just leave blank. I believe this is the root cause to your application rejections and not the design mark itself. Admittedly I am less familiar with the IPA trademark office, but looking at your TM on their website, the 4 letters are are using are listed as "words", on the TM so I think you are good there.
Hope this helps and please let us know how it works out on your next application.
Best,
Dougal
