Should I Trademark My Brand Before I Sell on Amazon?

Selling products on Amazon offers a myriad of opportunities for entrepreneurs and established brands alike. With millions of potential customers at your fingertips, it's no wonder that many businesses are flocking to the platform. However, as you embark on your Amazon selling journey, you'll likely face an important question: Should you trademark your brand before you start selling on Amazon? In this article, we'll explore the advantages and considerations of trademarking your brand before entering the Amazon marketplace.


Igor Demcak

Understanding Trademarks

A trademark is a legal protection that grants the exclusive right to use a specific name, logo, or slogan for your products or services. It's a valuable tool for safeguarding your brand identity and preventing others from using confusingly similar marks that could dilute your brand's reputation. It grants you exclusive rights to use that mark in connection with your goods or services and allows you to take legal action against those who attempt to use it without your permission.

One of the most critical steps before applying for a trademark is conducting a thorough trademark search. This search helps you determine whether a similar mark is already registered or in use by another entity. Amazon brand owners can use various online tools and databases to search for existing trademarks. Failing to conduct a proper search can result in your application being denied or, worse, legal disputes down the road.

Additionally, Amazon offers a valuable tool called Amazon Brand Registry, which helps brand owners protect their intellectual property rights on the platform. By enrolling in the Brand Registry, you gain access to enhanced brand protection features, such as the ability to report violations, create a customized storefront, and unlock advanced advertising options. These tools can help sellers identify and report potential infringements on their brand, including unauthorized listings, counterfeit products, and other violations. By actively monitoring and reporting such issues, brand owners can maintain a more controlled and trustworthy shopping environment for their customers.

Considerations Before Applying for a Trademark

While trademarking your brand before selling on Amazon offers numerous benefits, there are some considerations to keep in mind:

Trademark Costs: Registering a trademark involves certain costs, including application fees and potential attorney fees. The cost of trademark registration depends on multiple factors, and the final price will generally range between a couple hundred and a couple of thousand USD. It's essential to budget for these expenses as part of your business plan.

Trademark Eligibility: Not all brand names, logos, or slogans are eligible for trademark registration. Trademarks must be distinctive and not too generic or descriptive. A trademark must not be visually confusable with other registered trademarks.

Trademark Application Process: The process of obtaining a trademark can be lengthy, often taking several months or even years. It's essential to be patient and understand the steps involved, which may include responding to inquiries from the relevant trademark office.

Maintenance Requirements: Once you have a registered trademark, you must maintain it by filing periodic renewal documents and actively using the mark in commerce. Failing to do so could result in the loss of your trademark rights.

In the world of Amazon selling, branding is a vital element of success. While you can start selling on Amazon without a registered trademark, it's clear that trademarking your brand offers numerous advantages and opportunities. However, navigating the trademark application process can be complex and time-consuming. It's highly advisable to work with a qualified trademark lawyer who can provide expert guidance, conduct a comprehensive trademark search, and help you prepare a strong application that is more likely to be approved by the trademark office.

Igor Demcak
Igor Demcak

Trademark Attorney

Founder & CEO of Trama

7 year experience in IP protection

Gain more insights about the importance of brand in your industry through our selection of indicators and case studies.

Hero - e-commerce industry