Do you need a trademark to sell on amazon? Everything to Know 2024

Entrepreneurs creating a unique brand for their business may be asking, do I need a trademark?

In many instances, the answer is yes. Protecting your brand, logo, and tagline from being infringed upon is a must.

Don’t underestimate your trademark value by building a brand and not doing the work to ensure it is protected.

Anyone looking to go into business should first understand the laws. The moment you decide on a brand name, do a search with the United States Patent and Trademark Office (USPTO).

Trademarks are not required, but they do provide protection for the work you put into getting your business recognized.

Whatever your product or service is, think long-term and the potential for national or international success.

Are you wondering when you need a trademark? Keep reading for everything you need to know.

What Is a Trademark?

A trademark is a unique symbol, word, phrase, design, or combination of these elements that distinguishes the goods or services of one entity from others in the marketplace.

It serves as a brand’s identity, protecting it from being used by competitors. Think of it as a shield for your brand, ensuring that customers can easily identify your products as genuine.

For example, Amazon’s logo and the word “Amazon” itself are trademarks, instantly recognizable and associated with the company’s services and reputation.

Do I Need a Trademark?

For My Business

No one knows how their business will be received by the public, but if you believe in your brand, the answer is yes.

It would be terrible to invest time, money, and even years into building a name logo, tagline, packaging, etc., only to learn the name is taken.

When you set-up a business, the name is only protected within your state. With a registered trademark, you’re protected everywhere.

The Kardashian and Jenner brands aggressively file trademarks. They have reached 716 filings, and the number is expected to grow. 

To Sell On Amazon

Technically, you don’t need a trademark to sell on Amazon, but having one offers significant advantages.

Without a trademark, your brand is vulnerable to infringement, and you may face difficulties protecting your products from unauthorized sellers.

Additionally, registering a trademark allows you to enroll in Amazon’s Brand Registry, giving you greater control over your listings and preventing others from using your brand name without permission.

So, while it’s not a requirement, securing a trademark can make your selling experience on Amazon much smoother and more secure.

Why Trademarks Are Important For Amazon Sellers

For Amazon sellers, trademarks are crucial because they protect your brand from copycats and counterfeiters who might try to benefit from your hard-earned reputation.

Without a trademark, you risk losing customer trust if others sell inferior products under your brand’s name.

A registered trademark also gives you access to Amazon Brand Registry, a program that provides enhanced brand protection and helps you manage and grow your brand on the platform.

It’s like having an extra layer of security, ensuring your brand’s integrity is maintained across the marketplace.

How long Does It Take To Get Your Trademark?

The process of obtaining a trademark can take anywhere from 6 to 12 months, depending on various factors, such as the complexity of your application and whether there are any objections or oppositions.

The USPTO first reviews your application and, if approved, publishes it for opposition for 30 days. If no challenges arise, your trademark is registered.

However, if there are issues, the process could take longer, as you may need to resolve them before moving forward. While this may seem lengthy, it’s a necessary step to ensure your trademark is legally sound.

Can You Sell Trademarked Products On Amazon?

Yes, you can sell trademarked products on Amazon, but only if you have the necessary authorization.

Selling someone else’s trademarked products without permission can lead to severe legal consequences, including having your listings removed or even facing lawsuits.

If you want to sell trademarked items, it’s essential to obtain a brand authorization letter or enter into a distribution agreement with the trademark owner.

This ensures you’re legally allowed to sell those products and protects you from potential infringement claims.

How To Register a Trademark

Registering a trademark involves a few steps, but it’s a process that can significantly benefit your business in the long run. First, conduct a thorough search to ensure your desired trademark isn’t already in use.

Then, you can file an application with the United States Patent and Trademark Office (USPTO), providing details about your brand and the goods or services you’re associating with the trademark.

After filing, the USPTO will review your application and publish it for opposition, allowing others to challenge it if they believe it infringes on their trademark. If no opposition is filed, your trademark will be registered.

What Does It Cost To Register a Trademark?

The cost of registering a trademark can vary, but typically it ranges from $225 to $400 per class of goods or services, depending on the filing option you choose.

Additional fees may apply if you need to hire an attorney or if your application encounters any complications.

While it’s not the cheapest way to trademark a name, investing in a trademark is worthwhile to protect your brand on Amazon and other platforms.

There are also third-party services that can assist with the process, although they come with additional costs.

How To Get a Trademark Fast For Amazon Brand Registry

If you’re in a hurry to get your trademark for Amazon Brand Registry, you might consider using Amazon’s Intellectual Property Accelerator (IP Accelerator).

This program connects you with law firms that specialize in trademark registration and can expedite the process. Although the Amazon IP Accelerator cost might be higher than going through the standard registration process, it’s often the quickest way to secure a trademark and get your brand registered on Amazon.

This can be particularly useful if you’re looking to take advantage of Brand Registry’s benefits as soon as possible.

How To Report Trademark Infringement In Brand Registry

If you suspect that someone is infringing on your trademark on Amazon, you can report it through the Amazon Brand Registry.

First, ensure you have all the necessary evidence, such as screenshots of the infringing listings and proof of your trademark registration.

Then, file a report through Brand Registry’s online portal, providing details about the infringement.

Amazon will review your claim and take appropriate action, which could include removing the infringing listings or suspending the seller’s account.

Protecting your brand’s integrity is crucial, and Amazon’s Brand Registry makes it easier to safeguard your intellectual property on the platform.

What’s The Difference Between Copyrights, Fictitious Names, and Trademarks?

People asking about a trademark sometimes wonder the same about copyrights, fictitious names, and Doing Business As (DBA).

These are not the same and have different rules.

We have already covered trademarks, so here are brief descriptions of the other terms.

Copyright

If you are the creator of artistic work such as a book, music, performance, movie, or any other creative work, you own the copyright.

Like trademarks, by registering with the government you receive legal protections.

The two differ in that you’re not trademarking the actual work, but you can the author’s name or company that produces the work.

Fictitious Names

A fictitious name is a name your business is known by although it is not the legal name of the entity.

You can list a fictitious name in your articles of incorporation.

A trademark will protect your fictitious name from being used in other states, whereas, a corporate filing is for the state where the business is headquartered. 

Doing Business As

For all intent and purposes, a DBA is the same as a fictitious name.

You can register a DBA with the state and apply for a trademark. 

Will I Need to Hire a Trademark Attorney?

If you are a foreign entity, you are required to have an attorney to file for a trademark. For businesses in the U.S. that need to register one, an attorney is optional.

Trademark filings are complicated and simple mistakes can cost money. It is advisable that when you decide if it is necessary for your brand that you seek legal counsel.

Is It Expensive?

Expensive is a relative termed that can only be defined by the value you place on something.

In terms of trademarks, if you plan to be around 10 years from now, it is not expensive. If your business is just a hobby, then yes, the time and cost may be seen as a lot.

One thing to keep in mind, if you build a successful brand and decide to sell down the road, the lack of a trademark can impact your sales price. This is crucial if several knockoff companies have formed off of your success.

Can I Trademark a Name Already in Use?

No, you cannot trademark a name already in use.

If the name you want is already attached to a business, you will need to negotiate with the owner to legally obtain the name.

A prime example is famed entertainer Beyoncé, who is engaged in a fierce trademark battle over the name Blue Ivy.

When they applied to trademark their daughter’s name, it was rejected because a wedding planner has an established business under that name.

How Long Does It Take to Get Approved?

Once you decide, expect the process to take from six months to a year.

In a more complicated case like the one mentioned above, the process can linger or years.

After your application is denied, you will have to decide if you want to fight or go in a different direction. This is why it is important to do a search when you are thinking about building a brand.

What If Someone Infringes on My Trademark?

Why get a trademark?

You can seek legal action if someone infringes on your brand.

First, you will need to determine how they infringed. Next, hire a trademark attorney. 

Is a registered trademark necessary to file a lawsuit? No, but it will definitely impact the perimeters in which you can seek damages.

Conclusion

Securing a trademark is more than just a legal formality—it’s a strategic move that can significantly enhance your brand’s protection and visibility on Amazon.

While it’s not a strict requirement to start selling on the platform, having a registered trademark opens doors to valuable tools like Amazon Brand Registry, which can help you manage and grow your business with confidence.

From preventing unauthorized use of your brand to gaining access to advanced marketing features, the benefits of trademark registration are undeniable.

Whether you’re a new seller or an established brand, investing in a trademark is a key step toward long-term success on Amazon.

Want to learn more? Our team of qualified attorneys is here to help.

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