PART I

Introducción

If you sell on Amazon and want Brand Registry, you need a trademark.

But most sellers do not actually understand how the U.S. trademark process works.

They think:

• “I filed. Now I wait.”
• “It takes 12 months.”
• “Once I apply, I’m protected.”
• “Amazon will handle it.”

None of that is fully accurate.

In this article, I’m going to walk you through the real process — step by step — using a real use-in-commerce filing (which is what applies when you are already selling your product before filing).

This is the exact sequence you should expect.

---

________________________________________

Step 1: Are You Actually Using the Brand?

Before filing anything, I ask one simple question:

Is your brand actually on the product?

For physical goods, that means:

• On the product itself
• On the packaging
• On a label attached to the product

An Amazon listing alone is not enough.

The law requires the trademark to be used on the goods in commerce — not just in advertising.

If you are already selling your product with your brand physically on it, we can file under:

Section 1(a) — Use in Commerce

This is the fastest path.

---

________________________________________

Step 2: Filing the Application

Once we confirm proper use, we file the application.

Here is what happens on filing day:

• We select the correct class (for example, Class 21 for household goods).
• We choose Principal Register.
• We file as a standard character mark (if protecting the wording only).
• We attach a proper specimen.
• We claim the correct first-use date.
• We pay the filing fee.

The filing date becomes extremely important.

That date gives you nationwide priority — even before registration.

This means that if someone adopts the same brand later, your filing date protects you.

---

________________________________________

Step 3: What Happens After Filing?

After filing, you receive a serial number.

At this stage:

• Your application is pending.
• Amazon may allow Brand Registry access.
• But you are not registered yet.

Now the application waits.

Currently, the USPTO typically takes 4–7 months before an examiner reviews it.

This waiting period is normal.

Nothing is wrong.

---

________________________________________

Step 4: The Examiner Review (What Sellers Don’t See)

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

• 1. They search the federal trademark database.
• 2. They search Google.
• 3. They check for similar brands.
• 4. They check if your name is descriptive.
• 5. They check your specimen.
• 6. They check if your goods are properly classified.

If there is a problem, you receive an Office Action.

If everything is clean, the examiner approves it for publication.

Most sellers think approval means registration.

It does not.

It means the government is done reviewing — but the public gets a chance to object.

---

PART II

Publication, Opposition, Registration — And What It Really Means for Your Amazon Brand

---

________________________________________

Step 5: Publication — The Public Challenge Period

Once the examiner approves your application, your mark is scheduled for publication in something called the Trademark Official Gazette.

This is simply a public listing of newly approved trademarks.

Why does this matter?

Because for 30 days after publication, anyone who believes your trademark would harm their brand can file an opposition.

This is not common for most private-label Amazon sellers — but it is possible.

During this 30-day period:

• A competitor can file a formal objection.
• They can request extra time to investigate.
• The matter can become a legal dispute before the Trademark Trial and Appeal Board (TTAB).

If that happens, it becomes a litigation matter.

But in most normal Amazon brand situations, if your name was properly cleared before filing, no one objects.

If no one objects within 30 days, the application moves automatically toward registration.

---

________________________________________

Step 6: Registration

If no opposition is filed, the USPTO issues your registration certificate.

For a use-in-commerce filing (which applies when you were already selling before filing):

• There is no additional paperwork.
• There is no additional government fee.
• You do not have to submit anything else.

The registration usually issues about 7–11 weeks after publication.

At that moment:

• You receive a registration number.
• You may legally use the ® symbol.
• Your mark is officially on the Principal Register.

This is the point where your brand becomes a federally registered trademark.

---

________________________________________

What Registration Actually Gives You

Let’s simplify what registration really means:

• 1. Nationwide Protection

Even if you only sell on Amazon, your registration gives you nationwide rights.

• 2. Legal Presumption

The law now presumes:

• You own the mark.
• It is valid.
• You have the exclusive right to use it in connection with your listed goods.

• 3. Stronger Amazon Enforcement

Brand Registry becomes stronger once registration issues.

Pending applications help.

Registered marks carry more weight in enforcement situations.

• 4. Federal Court Access

If someone copies your brand, you now have access to federal court remedies.

---

________________________________________

Step 7: The Most Overlooked Part — Maintenance

Many sellers think registration lasts forever.

It does not.

You must maintain it.

Here’s the simple version:

Between Year 5 and 6

You must file a Declaration of Use.

If you do not, your registration is cancelled.

Between Year 9 and 10

You must file:

• Declaration of Use
• Renewal

After that, you renew every 10 years.

Missing these deadlines cancels your registration automatically.

There are no reminders beyond courtesy emails.

This is where having counsel matters.

---

________________________________________

What Could Go Wrong?

Let’s be realistic.

Here are common issues Amazon sellers face:

• 1. Descriptive Brand Names

If your brand describes your product too clearly, the USPTO may refuse it.

Ejemplo:

• “Premium Bamboo Baskets” for bamboo baskets.

That is descriptive.

• 2. Similar Existing Brand

If someone already registered something confusingly similar, you will receive a refusal.

This is why clearance matters before filing.

• 3. Improper Specimen

If your mark does not appear correctly on the product or packaging, you may receive an Office Action.

Many Amazon sellers submit:

• Edited mockups
• Digital overlays
• Incomplete product images

Those can cause delays.

---

________________________________________

How Long Should You Expect the Process to Take?

If everything is clean:

• Filing to registration: about 8–10 months.

If there is an Office Action:

• Add 2–6 months.

If there is an opposition:

• It can take 1–2 years.

Managing expectations is critical.

This is not instant.

It is a legal process.

---

________________________________________

Final Thoughts for Amazon Sellers

If you are already selling your product before filing:

• File under Section 1(a).
• Make sure your brand is physically on the goods.
• Make sure your name is not descriptive.
• Clear the mark before filing.
• Understand that publication is not registration.
• Understand that registration requires maintenance.

A trademark is not just paperwork.

It is the legal foundation of your brand.

If you build your Amazon business on a weak or unprotected brand name, you are building on unstable ground.

---

Work With an Attorney Who Understands the Process

Trademark registration is not just a form submission.

It is a legal process with sequencing, deadlines, strategic decisions, and long-term consequences.

For Amazon sellers, mistakes at the beginning can cost:

• Delays of several months
• Office Actions and added fees
• Weak or unenforceable registrations
• Rebranding costs
• Lost Brand Registry access

I guide sellers through the process from start to finish:

• Proper clearance before filing
• Correct filing basis selection
• Specimen review and compliance
• Strategic class selection
• Office Action response (if necessary)
• Publication monitoring
• Post-registration maintenance planning

If you are already selling your product and want to protect your brand properly, the goal is not just to “file” — the goal is to secure enforceable federal protection that supports your Amazon business long term.

You can contact me through:

O & G Tax and Accounting Services, LLC

o

Oware Justice Advocates

Whether you are launching your first private-label product or expanding an established brand portfolio, I can help you protect what you are building.

Your brand deserves more than a filing service.

It deserves proper legal protection.