Introduction: What Amazon Sellers Usually Get Wrong

If you sell on Amazon — or plan to — you eventually hear the same advice:

“Get a trademark so you can apply for Brand Registry.”

That part is correct.

What most sellers do not understand is how the trademark process actually works when you file before you are fully using the brand in commerce.

Many sellers think:

• “I filed. Now I’m protected.”
• “It takes about a year.”
• “Once I apply, Amazon will approve everything.”
• “Publication means registration.”

None of that is completely accurate.

In this article, I will walk you through the real process — step by step — using a real Intent-to-Use (Section 1(b)) trademark lifecycle.

This is the filing path used when:

• You have chosen your brand,
• You plan to sell,
• But you are not yet fully using the mark in interstate commerce at the time of filing.

This path is extremely common for private-label Amazon sellers.

And it is longer than most people expect.

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Part I — Understanding “Intent to Use”

What Is a Section 1(b) Filing?

Under U.S. trademark law, there are two main ways to file:

• Section 1(a) – You are already using the brand in commerce.
• Section 1(b) – You have a bona fide intent to use the brand, but you are not fully using it yet.

In this article, we are focusing on Section 1(b).

This is often the correct choice when:

• You are still manufacturing.
• Your packaging is being finalized.
• You want to secure priority before launch.
• You are planning your Amazon listing but have not yet sold across state lines.

A Section 1(b) filing allows you to reserve priority — but it does not lead directly to registration.

That distinction is critical.

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Phase 1 — Filing the Application

Once we confirm your brand is available (which requires proper clearance), the filing begins.

Here is what happens on filing day:

• We select the correct international class (for example, Class 21 for kitchenware).
• We choose the Principal Register.
• We determine whether to file a word mark or design mark.
• We file through TEAS Plus or TEAS Standard.
• We claim “Intent to Use” under Section 1(b).
• We pay the government filing fee.

Once submitted, the USPTO issues a serial number.

At this point:

Your mark is pending.

You are not registered.

You cannot use the ® symbol.

But you now have a federal filing date — and that date is extremely important.

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Why the Filing Date Matters

Your filing date establishes nationwide priority — even before registration.

If someone later adopts the same brand name after your filing date, your earlier filing gives you legal leverage.

This is why serious sellers file before launch.

However — and this is important — filing is only the beginning of a much longer process.

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Phase 2 — The Waiting Period

After filing, your application does not immediately get reviewed.

Currently, the USPTO typically takes:

4 to 8 months

before an examining attorney reviews your application.

During this time:

• Nothing is wrong.
• No one is ignoring your file.
• It is simply in queue.

Many sellers become anxious during this stage.

Understanding that this delay is normal is part of setting realistic expectations.

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Phase 3 — Examination

When your application is assigned to an examiner, several things happen behind the scenes.

This is not a casual review.

The examiner:

• Searches the federal database for similar marks.
• Reviews design codes if your mark includes a logo.
• Checks for descriptiveness.
• Reviews classification accuracy.
• Reviews formal compliance.
• Reviews whether the mark creates a likelihood of confusion.

This stage determines whether your application moves forward — or receives an Office Action.

If there is a problem, you receive a refusal.

If everything is clear, the examiner approves the mark for publication.

Approval for publication is not registration.

It is simply the end of government review.

The public still gets a chance to object.

Part II — Publication, Notice of Allowance, and the Critical 6-Month Clock

Once the examiner approves your mark, the application moves into the next stage.

This is where most Amazon sellers misunderstand what is happening.

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Phase 4 — Publication in the Official Gazette

After approval, your mark is scheduled for publication in the Trademark Official Gazette.

This is simply a weekly publication where the USPTO lists marks that have passed examination.

When your mark is published:

• A 30-day opposition window begins.
• Any third party who believes your mark conflicts with theirs may file an opposition.
• They may also request an extension of time to oppose.

For most private-label Amazon sellers who properly cleared their mark before filing, this stage passes without issue.

But it is important to understand:

Publication is not registration.

It is a public challenge period.

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What Happens If No One Opposes?

If no opposition is filed within 30 days, your application moves forward automatically.

However — because this is a Section 1(b) filing — registration does not issue yet.

Instead, something very important happens.

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Phase 5 — Notice of Allowance (NOA)

If no one opposes your mark, the USPTO issues a Notice of Allowance.

This is where the real clock begins.

The Notice of Allowance means:

• The government has approved your mark.
• No one objected.
• But you must now prove actual use in commerce.

From the date the NOA is issued, you have:

Six (6) months

to either:

• File a Statement of Use, OR
• File a request for extension.

This is a statutory deadline.

If you miss it, the application abandons.

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The Maximum Timeline for Intent-to-Use Filings

The law allows up to five extensions.

Each extension gives you six additional months.

That means:

You can delay filing your Statement of Use for up to 36 months from the Notice of Allowance.

But this is not automatic protection.

You must file extensions properly and pay fees.

If you do nothing, the application dies.

This is where many sellers lose their filings.

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Phase 6 — Filing the Statement of Use

The Statement of Use (SOU) is the most misunderstood part of the ITU process.

This is where you must prove:

• The mark is actually being used in commerce.
• The mark appears properly on the goods.
• The use is legitimate and not staged.

You must submit:

• A declaration of use.
• First use dates.
• A specimen.
• The SOU filing fee.

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What Counts as Proper Use?

For physical Amazon products, proper use typically means:

• The mark appears on the product itself, OR
• The mark appears on packaging or labels affixed to the goods.

An Amazon listing screenshot alone is not sufficient.

A photoshopped mockup is not sufficient.

A digital overlay is not sufficient.

The specimen must show real-world commercial use.

If the specimen is rejected, the examiner issues an Office Action.

If you fail to correct it, the application abandons.

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Phase 7 — Acceptance of Statement of Use

If the examiner accepts your Statement of Use:

The filing basis converts from:

Section 1(b) (Intent to Use)

a

Section 1(a) (Use in Commerce)

This conversion is legally significant.

At this point:

• The government has confirmed real commercial use.
• Your mark is eligible for federal registration.
• Registration certificate preparation begins.

There is no second opposition period.

There is no second publication.

The process is almost complete.

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Phase 8 — Registration Issuance

After the Statement of Use is accepted, the USPTO issues your registration certificate.

This includes:

• Registration number
• Registration date
• Listed goods
• Ownership record

Now you may legally use the ® symbol.

Now you have:

• Nationwide presumptive rights.
• Legal presumption of validity.
• Stronger enforcement authority.
• Clear eligibility for Amazon Brand Registry support.

This is the moment sellers are actually aiming for.

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How Long Does This Entire Process Take?

For a clean Section 1(b) filing:

Filing to registration typically takes:

16 to 18 months.

If extensions are used, it can take longer.

If an Office Action is issued, add several months.

If there is opposition, it can extend to years.

This is not an instant process.

It is a structured legal procedure with mandatory steps.

Part III — Amazon Brand Registry Strategy, Common Pitfalls, and Long-Term Protection

Now that you understand the mechanics of a Section 1(b) filing, we need to connect this to what Amazon sellers actually care about:

Brand Registry.

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How Intent-to-Use Filings Interact with Amazon Brand Registry

Amazon allows sellers to apply for Brand Registry with a pending trademark application in many cases.

However, there are practical differences between:

• A pending application, and
• A registered mark.

A pending application may allow initial enrollment.

But a registered mark:

• Carries more weight in enforcement disputes.
• Is stronger when reporting infringers.
• Is more persuasive in appeal situations.
• Provides formal federal presumption of ownership.

If you file as Intent-to-Use, you must understand:

There is a period of time where your application is approved but not yet registered.

During this period:

• You do not yet have a registration number.
• You cannot use the ® symbol.
• Your enforcement position is still technically “pending.”

This is why timing matters when planning your product launch and registry enrollment.

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Common Mistakes Sellers Make with ITU Filings

After handling many trademark matters, I see the same errors repeatedly.

1. Filing Without Clearance

The biggest mistake is filing without proper search.

If your mark is similar to an existing registration, the examiner will issue a likelihood-of-confusion refusal.

At that point:

• You have already paid filing fees.
• You may need to rebrand.
• You may need to respond with legal argument.

Clearance before filing reduces this risk dramatically.

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2. Choosing Descriptive Brand Names

If your brand describes your product too directly, you may receive a descriptiveness refusal.

Por ejemplo:

• “Premium Baking Tools” for baking tools.
• “Organic Bamboo Kitchen” for bamboo kitchen goods.

The USPTO does not register descriptive marks on the Principal Register without proof of acquired distinctiveness.

Amazon sellers often unknowingly choose weak names.

Strong branding begins with distinctiveness.

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3. Submitting Improper Specimens

The Statement of Use stage is where many ITU filings fail.

Common problems include:

• Mockups not yet in production.
• Digital renderings.
• Product packaging that does not match the drawing.
• Marks displayed as decorative wording rather than as a trademark.

If your specimen is rejected, the process stalls.

If you cannot fix it, the application abandons.

This is why planning the specimen before filing is part of my process.

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4. Missing the Six-Month Deadline

After Notice of Allowance, the six-month deadline is strict.

If you:

• Forget to file an SOU,
• Forget to request an extension,
• Miss the deadline,

The application abandons automatically.

The USPTO does not give warnings beyond formal notices.

This is why docketing and monitoring matter.

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After Registration — The Maintenance Stage

Many sellers believe registration lasts forever.

It does not.

Between Years 5 and 6 after registration, you must file:

Section 8 Declaration of Use.

Between Years 9 and 10:

You must file:

• Section 8 Declaration, and
• Section 9 Renewal.

After that, renewal occurs every 10 years.

Failure to file maintenance documents results in automatic cancellation.

The USPTO will not chase you.

This is where many small businesses lose valuable registrations.

Registration is not the end of the process.

It is the beginning of a maintenance cycle.

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Strategic Advice for Amazon Sellers Filing Under 1(b)

If you are launching a new Amazon brand and considering an Intent-to-Use filing, here is what I recommend:

• Conduct clearance before selecting the brand.
• Choose a distinctive mark.
• Decide strategically whether to file word mark, design mark, or both.
• File before public launch to secure priority.
• Plan your packaging and labeling to ensure proper specimen compliance.
• Calendar all NOA deadlines.
• Budget for extensions if launch timing is uncertain.
• Do not wait until the last month to prepare your Statement of Use.

Trademark strategy should align with your product development timeline.

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Final Thoughts

The trademark process is structured.

It is procedural.

It follows statutory stages.

It does not move faster because we want it to.

But when properly managed, it provides one of the strongest legal assets your Amazon business can own.

A registered trademark is not just paperwork.

It is:

• A barrier to entry.
• A tool for enforcement.
• A signal of legitimacy.
• A long-term business asset.

If you build your brand without understanding the process, you risk building on unstable ground.

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Work With Counsel Who Understands the Entire Lifecycle

Trademark registration — especially under Section 1(b) — is not just about filing a form.

It involves:

• Strategic clearance analysis.
• Basis selection.
• Specimen planning.
• Deadline management.
• Examiner interaction.
• Opposition monitoring.
• Post-registration maintenance.

As an attorney, I guide sellers through each stage — from brand selection to federal registration and beyond.

If you are planning to launch a new Amazon brand and want to file under Intent-to-Use properly, I can assist you through:

• Clearance review,
• Filing strategy,
• Specimen compliance,
• Office Action response (if necessary),
• Notice of Allowance monitoring,
• Statement of Use preparation,
• Registration issuance,
• Long-term maintenance planning.

You may contact me through:

O & G Tax and Accounting Services, LLC

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Oware Justice Advocates

Your brand deserves more than a filing service.

It deserves legal strategy.