Brand registration in the USA for business on Amazon (Amazon Brand Registry)

U.S. Trademark Registration and Amazon Brand Registry

U.S. trademark registration is one of the key legal steps for a business planning to sell goods or services in the U.S. market, including through Amazon.

A trademark may protect:

• a brand name;
• a logo;
• a word mark;
• a combined mark;
• other brand elements permitted by law.

Registration with the United States Patent and Trademark Office — USPTO — allows the owner to obtain federal trademark protection in the United States and use the trademark as an important business asset.

For Amazon sellers, such registration may also provide a basis for enrollment in Amazon Brand Registry — a program that gives brand owners tools for intellectual property protection, content management, and brand development on the platform.

U.S. trademark registration and Amazon Brand Registry are different procedures: the USPTO creates legal protection for the trademark, while Amazon uses the relevant rights to provide the brand owner with additional tools within its platform.

Why Register a Trademark in the United States

Federal registration may be especially important if a business:

• sells products on Amazon.com;
• develops its own private label;
• plans to scale in the United States;
• works with U.S. distributors;
• develops a franchise model;
• licenses its rights;
• wants to protect the brand from competitors and copies.

Registration helps legally secure rights to the designation in relation to specific goods and services.

At the same time, the United States has a specific legal system in which actual use of a mark in commerce may also be highly relevant to the establishment and priority of rights.

Therefore, U.S. trademark law should not be reduced to a simple rule such as “whoever files first owns the mark” or, conversely, “whoever uses it first automatically obtains all rights.”

Before registration, it is necessary to analyze:

• prior use;
• earlier applications;
• registered trademarks;
• similarity of the marks;
• the parties’ goods and services;
• territory and actual use.

U.S. Trademark Search

It is advisable to conduct a search before filing an application.

The USPTO no longer uses the old TESS system. It has been replaced by the current Trademark Search system.

The search should cover more than exact matches.

The following are reviewed:

• identical word marks;
• phonetically similar marks;
• names with similar spelling;
• marks creating a similar commercial impression;
• the goods and services covered by the marks;
• the status of the relevant applications and registrations.

The USPTO may refuse registration if there is a likelihood of confusion with an earlier filed or registered trademark covering related goods or services.

How a Ukrainian Business Can Register a Trademark in the United States

A Ukrainian applicant may have several options.

Depending on the circumstances, it may be possible to consider:

• a national application filed directly with the USPTO;
• an application based on actual use of the mark in the United States;
• an application based on a bona fide intent to use the mark in the United States;
• reliance on a foreign application or registration where permitted under U.S. law;
• international registration through the Madrid System designating the United States.

The appropriate mechanism depends on:

• whether the brand is already being used in the United States;
• whether the business is only planning market entry;
• whether the trademark is registered in Ukraine;
• which other countries require protection;
• the available budget and scaling strategy.

Use in Commerce — If the Brand Is Already in Use

If the trademark is already being used in commerce that meets U.S. legal requirements, the application may be filed under Section 1(a) — Use in Commerce.

In this case, actual use must be demonstrated.

Relevant specimens — evidence showing use of the trademark in connection with the listed goods or services — may be submitted.

The relevant dates of use must also be provided.

Intent to Use — If U.S. Sales Have Not Started Yet

If the business is not yet using the trademark in the United States but has a genuine intention to do so, an application under Section 1(b) — Intent to Use may be considered.

This allows an application to be filed before actual sales begin.

However, registration cannot be completed based solely on intent.

At the relevant stage, actual trademark use must be demonstrated and the required filing submitted to the USPTO.

Registration Based on a Ukrainian Trademark

An existing Ukrainian application or registration may form part of the U.S. filing strategy.

U.S. law provides separate filing bases connected with foreign applications or registrations.

However, this does not mean that a Ukrainian trademark certificate automatically “extends” to the United States.

A separate U.S. or international procedure must still be completed, and USPTO requirements must be satisfied.

Is a U.S. Attorney Required?

This is especially important for Ukrainian applicants.

If an individual or company is domiciled outside the United States, the USPTO requires representation by a U.S.-licensed attorney.

A practical support model may therefore look like this:

1. a Ukrainian IP lawyer analyzes the brand and strategy;
2. a search is conducted;
3. classes and filing basis are determined;
4. the application information is prepared;
5. a U.S.-licensed trademark attorney is involved;
6. the application is filed with the USPTO;
7. requests and Office Actions are handled during prosecution.

How Much Does It Cost to File with the USPTO?

USPTO government fees are generally calculated based on the number of classes of goods and services.

The basic filing fee is USD 350 per class if the application meets the USPTO’s basic requirements.

For example:

Additional fees may apply.

For example, with an Intent-to-Use application, a separate fee is payable at a later stage when actual use is confirmed.

The USPTO may also charge additional fees for certain methods of identifying goods or services or for incomplete application information.

How Long Does U.S. Trademark Registration Take?

It is not advisable to rely on a universal estimate such as “about one year.”

The actual timeline depends on:

• USPTO workload;
• objections;
• Office Actions;
• filing basis;
• the need to prove use;
• third-party opposition.

For Intent-to-Use applications, the procedure may take longer because the owner must demonstrate actual use of the mark in commerce at the appropriate stage.

USPTO Office Action

After filing, the application is examined by a USPTO examining attorney.

Issues may arise concerning:

• similarity to another trademark;
• descriptiveness of the mark;
• identification of goods and services;
• the specimen;
• the filing basis;
• other formal or substantive matters.

In such cases, the USPTO issues an Office Action.

The grounds must be analyzed and a timely response prepared.

How to Maintain a U.S. Trademark After Registration

A U.S. trademark registration requires ongoing maintenance.

In particular, the owner must submit documents confirming use or permissible non-use during the periods established by the USPTO.

The first key maintenance filing is made between the fifth and sixth year after registration.

Thereafter, the registration is renewed every ten years provided the applicable requirements are met.

Therefore, receiving the registration certificate is not the final step forever.

Amazon Brand Registry

Amazon Brand Registry is a free Amazon program for brand owners.

It does not create a trademark and does not replace the USPTO.

Its purpose is to connect a verified brand with the Amazon ecosystem and give the owner access to additional tools.

Amazon requires, among other things:

• a brand name or logo containing the brand name;
• the brand to appear on the product or packaging;
• a registered trademark or eligible pending trademark;
• the trademark to correspond to the brand submitted to Brand Registry.

Can Amazon Brand Registry Be Used with a Pending Trademark?

Yes. Amazon permits brand enrollment not only where the trademark is already fully registered.

Under current rules, Brand Registry may accept:

• active registered trademarks;
• certain pending trademark applications;
• applications filed through Amazon IP Accelerator.

Eligibility of a specific pending application depends on the relevant trademark office and Amazon’s current rules.

Therefore, the status of the particular application should be checked before filing.

Amazon IP Accelerator

Amazon IP Accelerator is a program through which Amazon connects brand owners with selected legal service providers for trademark registration and other IP services.

It may be useful for businesses where:

• there is no trademark yet;
• faster access to certain Brand Registry benefits is needed;
• a provider is required for a U.S. application.

Amazon does not charge a fee simply for participating in IP Accelerator, but legal services and government fees are paid separately.

What Does Amazon Brand Registry Provide?

After successful enrollment, a brand may gain access to a range of protection and marketing tools.

Depending on the particular seller account, marketplace, and fulfillment of additional requirements, these may include:

• A+ Content;
• Amazon Stores;
• Sponsored Brands;
• Amazon Vine;
• content control tools;
• infringement reporting tools;
• brand analytics;
• other brand-building and protection tools.

Brand Registry does not mean that Amazon guarantees the complete absence of counterfeit products or that no other seller will ever be able to offer the product.

However, it significantly expands the brand owner’s tools for controlling IP and content on the platform.

Can You Sell on Amazon Without Brand Registry?

In many categories — yes.

Amazon Brand Registry is not a universal mandatory requirement for selling on Amazon itself.

However, for the owner of a proprietary brand, not having Brand Registry may mean limited access to:

• certain protection tools;
• A+ Content;
• brand advertising;
• Stores;
• analytics;
• other Brand Owner features.

Therefore, for private label businesses or long-term development of a proprietary brand, trademark registration and Brand Registry are often a logical part of the strategy.

What Information Is Required for Amazon Brand Registry?

Amazon may require:

• the brand name;
• trademark information;
• the registration or application number;
• the logo;
• photos of the product or packaging showing the brand;
• product categories;
• information about manufacturing and distribution;
• other information required under the current program rules.

The brand name must correspond to the trademark information.

Common Mistakes When Registering a Brand for Amazon

The most common problems include:

• filing a trademark application without conducting a preliminary search;
• choosing the wrong trademark owner;
• selecting insufficient or incorrect classes;
• the Amazon brand name not matching the trademark record;
• the brand not actually appearing on the product or packaging;
• selecting the wrong USPTO filing basis;
• submitting an improper specimen;
• failing to account for the U.S. attorney requirement;
• missing an Office Action or another procedural deadline.

Stages of U.S. Trademark and Amazon Registration

1. Brand analysis. We determine the name, logo, goods, and markets.
2. Preliminary search. We check similar USPTO marks.
3. Class selection. We prepare the list of goods and services.
4. Determination of filing basis. Use in Commerce, Intent to Use, or another permitted basis.
5. Engagement of a U.S.-licensed attorney. For a foreign applicant.
6. Filing the USPTO application.
7. Prosecution support. We respond to Office Actions and other requests.
8. Confirmation of use. Where required under the selected procedure.
9. Registration or obtaining the relevant pending status for Amazon.
10. Amazon Brand Registry. We submit the brand and trademark information.

Cost of U.S. Trademark Registration and Amazon Brand Registry

The total cost depends on:

• the number of classes;
• the filing basis;
• the preliminary search;
• the cost of the U.S. attorney’s services;
• the need to respond to an Office Action;
• Intent-to-Use filings;
• whether a national or international procedure is used;
• the scope of Amazon Brand Registry support.

Participation in Amazon Brand Registry itself is free, but trademark registration, legal support, and other related services are paid separately.

Common Situations

Conclusion

For a business planning to sell systematically in the U.S. market or develop a private label on Amazon, a U.S. trademark is an important legal asset. The proper strategy begins with checking the brand and determining the filing basis, continues through the USPTO procedure, and, where appropriate, concludes with enrollment in Amazon Brand Registry and use of Amazon’s brand protection and development tools.

Are you planning to launch a brand on Amazon, or are you already selling products in the United States and want to protect the name and logo? Submit a request on the Prikhodko & Partners Law Firm website. We will check the trademark, determine the optimal U.S. registration route, arrange support from a U.S.-licensed attorney, and help enroll the brand in Amazon Brand Registry.