Why Every Seller Needs an Amazon Trademark Lawyer Before Launching a Brand
A private-label seller woke up to find her Amazon listing locked. A competitor had filed for her brand name at the USPTO, claimed ownership through the Brand Registry…
[INDUSTRY]E-commerce and Amazon sellers
E-commerce trademark attorneys for Amazon sellers
We register the trademark Brand Registry asks for and protect how your product looks and works, so you can act on copies. One flat fee for each step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Casey GoldenbergAttorney · Trademarks and Patent ProsecutionTrademarks and patent prosecution, from a scientific background.
[01]Who it's for
For the people who sell online.
From a first private label listing to a brand selling across marketplaces and its own store, the work starts the same way. Secure the name, then protect the product before copies show up.
Amazon private label sellers
Sellers building their own brand on Amazon, with the trademark Brand Registry asks for filed before launch.
Direct to consumer brands
Brands selling from their own online store, protecting the name, the logo and each product in the line.
Multichannel sellers
Brands listed on Amazon, Walmart, Etsy and TikTok Shop at once, with one set of registrations behind every storefront.
Brands facing copies
Sellers dealing with hijacked listings, counterfeits or lookalike products, who need rights they can enforce.
[02]What's protectable
Four things worth protecting in an online brand.
Most e-commerce brands need more than one kind of protection. A trademark protects the name on the listing, a design patent protects how the product looks and a utility patent protects how it works. Each stops a different kind of copy.
01Trademark
The brand name and logo
Clear and file the name and logo before you build the listing. A registered or pending trademark is what Amazon Brand Registry asks for, and it is the right you use against sellers who trade on your brand.
- Brand and store names
- Logos
- Product line names
- Slogans
Approved, or your money back*02Design patent
How the product looks
The ornamental shape and surface of the product, protected for 15 years from grant. A design patent reaches lookalike listings even when the copy carries another brand name.
- Product shapes
- Bottles and containers
- Surface patterns
- Accessories
USPTO denies it, full refund*03Utility patent
How the product works
A new mechanism, structure or feature that makes the product work better. Claims are written around what is new, so a copy that works the same way is covered whatever it looks like.
- Kitchen, home and pet products
- Tools and gadgets
- Fitness and outdoor gear
- Added features and attachments
Flat fee, quoted before work begins04Trademark
The right classes for what you sell
A registration covers the goods and services it names. A brand that sells skincare and apparel files in the class for each, and an online store selling other brands is a service class of its own.
- Product classes
- Online retail services
- New lines as you add them
Approved, or your money back*
Your listings are copyright
Product photos, listing copy and packaging artwork are protected by copyright from the moment they are created. Copyright is what a report about copied photos relies on, and your attorney tells you when registering it is worth it.
[03]The flat-fee path
Brand first, then the product. Flat fees at every step.
Every step is quoted before any work begins. Most sellers file the trademark before the listing goes live, then protect the product's look and, when it works in a new way, how it works.
01Start here
Trademark
$2,000
USPTO fee for one class included
- A conflict search with an attorney's analysis
- The application, built around your goods
- Every office action response included
Filed in about 5 business days
Approved, or your money back*02For the product's look
Design patent
$3,200
Product appearance, office actions included
- Formal drawings from every view
- The claim, description and forms
- You review and approve it before filing
File it before you launch
USPTO denies it, full refund*03For how it works
Patentability search
$999
Patentable or your money back. Credited when you file
- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call
Report in about 5 days
Not patentable, full refund*
After the search
- Provisional patentPatent pending for 12 months while you sell$2.5k–3.5kPatentability issues, full refund*
- Non-provisional patentWithin 12 months, drawings and USPTO filing fees included$7k–12kFlat fee, not covered by the guarantee
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Marketplaces and copies
Registration and enforcement. Plan them together.
A trademark or a patent decides who can sell the brand and the product. Marketplace programs decide how quickly you can act on a copy, and most of them start with a registration or a pending application.
BrandWho can sell under your name
- $2,00001$2,000Conflict searchIs the name clear to use?
- File first02File firstApplication filedPending in about 5 business days
- Amazon03AmazonBrand RegistryEnroll with the pending application
- USPTO04USPTOExaminationThe USPTO reviews the mark
- 05RegisteredUse the ® and record it with Customs
CopiesWhen someone copies you
- Monitor01MonitorSpot the copyHijacked listing, counterfeit or lookalike
- Brand Registry02Brand RegistryReport itThe marketplace's infringement report
- Cease and desist03Cease and desistDemand letterRepeat copiers and off-platform sellers
- APEX04APEXPatent evaluationUtility patent claims on Amazon
- 05CourtWhen nothing else stops it
File before you list
Brand Registry needs at least a pending trademark, and a product that goes on sale starts the patent clock. The US gives you one year after your own disclosure to file a patent, but most other countries do not.
Pending is enough to enroll
Amazon Brand Registry accepts a registered trademark or a pending application for a word mark or a logo. File the mark before the listing, so the reporting tools are there when the first copy appears.
Amazon Brand Registry requirementsMatch the right to the copy
A trademark stops sellers using your brand. A design patent stops lookalikes and a utility patent stops copies that work the same way. For utility patents, Amazon offers a neutral evaluation, APEX, where an outside patent attorney decides whether listings infringe.
Brand infringement on AmazonStop counterfeits at the border
A trademark registered on the USPTO's Principal Register can be recorded with US Customs and Border Protection, which uses the recordation to stop counterfeit goods carrying your mark at import.
Dealing with trademark counterfeiting
General information, not legal advice. Marketplace programs set their own rules and change them over time.
[05]Related services
Services for online brands.
One firm for the brand, the product and the agreements around them.
- Trademarks, covered by The RLG GuaranteeRegister the brand and product names
- International trademarksRegister the brand where you sell abroad
- Design patents, covered by The RLG GuaranteeProtect how the product looks
- Utility patentsProtect how it works
- Trademark office actionsAnswer a USPTO refusal
- Cease and desist lettersTell a copier to stop
- Trademark litigationStop counterfeits and brand misuse
- Copyright litigationAct on copied photos and listing content
[06]Questions
Before you list.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallDo I need a trademark to sell on Amazon?
Not to sell. To enroll in Amazon Brand Registry you need a registered trademark or a pending application for your brand name or logo, and Brand Registry is where Amazon's tools for reporting infringing listings sit. Our trademark flat fee is $2,000, with the USPTO fee for one class included.
Can I join Brand Registry while my trademark is pending?
Yes. Amazon accepts a pending application, so filing before launch lets you enroll while the USPTO examines the mark. Examination takes months, which is why sellers who file early have the reporting tools in place when copies appear.
What can I do about a hijacked listing or a counterfeit?
With your trademark in Brand Registry, you can report sellers using your brand or selling fakes through Amazon's own tools. For sellers who keep coming back or sell off Amazon, a cease and desist letter or a trademark lawsuit is the next step. A registered mark can also be recorded with US Customs to stop counterfeit imports.
Should I get a design patent or a utility patent for my product?
A design patent protects how the product looks and a utility patent protects how it works. Lookalike listings are the most common copy on marketplaces, so many sellers start with a design patent and add a utility patent when the product works in a new way. The patentability search shows which is stronger for yours.
Which trademark classes does an online brand need?
The classes follow what you sell. Selling your own products online is covered by the class for those products, so a brand selling skincare and apparel files in both. Running an online store that sells other brands is a separate service class. Our flat fee includes the USPTO fee for one class.
I'm based outside the US. Can I file a US trademark?
Yes. Applicants whose home or principal place of business is outside the US must be represented by an attorney licensed in the US to file with the USPTO. Many marketplace sellers file this way to protect the brand in the US store.
How much does trademark and patent protection cost with your firm?
Flat fees at every step. A trademark is $2,000 with the USPTO fee for one class included, a design patent is $3,200 with office actions included, and a $999 patentability search comes first for a utility patent. Every fee is quoted before work begins.
What does The RLG Guarantee cover for e-commerce brands?
The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[07]Learning Center
Go deeper on protecting an online brand.
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[08]Client reviews
Brands that filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“I wanted to patent one of my jewelry designs and it was a very smooth process for me as all the details were taken care by the firm.”
Alex TorresDesign patent · Client review “They filed my trademark within a day.”
Pritesh K.Trademark · Google “A quick and painless approval process for my trademark.”
Joseph B.Trademark · Google
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the brand before you list.
Talk through your brand and product with a registered patent attorney. The call is free, with no obligation.