Same brand name, different USPTO class / product Category
Hi everyone,
Seeking advice on a Brand Registry issue:
My application was rejected because another brand already exists/is enrolled on brand registry.
- My brand is for skincare (USPTO Class 03).
- The existing brand is for computer accessories/bags (likely USPTO Class 09/35).
- These are completely different product categories. Under trademark law, similar names can coexist in different classes where there's no consumer confusion.
- However, Brand Registry seems to be flagging based purely on the name similarity.
I appealed this rejection once, providing clear evidence:
- Photos comparing our skincare product vs. their computer accessory product.
- USPTO search screenshot showing different brand marks legally registered in different classes.
- Detailed explanation that our brand is for Skincare (USPTO Class 03) and theirs is for Computer Accessories/Bags (likely USPTO Class 09/35), highlighting the distinct categories and lack of consumer confusion.
- However, despite providing all this evidence and explanation, I received the exact same standard response suggesting I contact the existing brand administrator.
My question:
- How can I effectively communicate/explain this USPTO Class and distinct product category difference to Amazon Brand Registry?
- Do they typically consider different trademark classes when reviewing potential brand conflicts for enrollment?
- What's the best way to proceed with the appeal given this situation?
My related Case ID is 17704940241.
Any insights or similar experiences would be greatly appreciated. Thanks!
Same brand name, different USPTO class / product Category
Hi everyone,
Seeking advice on a Brand Registry issue:
My application was rejected because another brand already exists/is enrolled on brand registry.
- My brand is for skincare (USPTO Class 03).
- The existing brand is for computer accessories/bags (likely USPTO Class 09/35).
- These are completely different product categories. Under trademark law, similar names can coexist in different classes where there's no consumer confusion.
- However, Brand Registry seems to be flagging based purely on the name similarity.
I appealed this rejection once, providing clear evidence:
- Photos comparing our skincare product vs. their computer accessory product.
- USPTO search screenshot showing different brand marks legally registered in different classes.
- Detailed explanation that our brand is for Skincare (USPTO Class 03) and theirs is for Computer Accessories/Bags (likely USPTO Class 09/35), highlighting the distinct categories and lack of consumer confusion.
- However, despite providing all this evidence and explanation, I received the exact same standard response suggesting I contact the existing brand administrator.
My question:
- How can I effectively communicate/explain this USPTO Class and distinct product category difference to Amazon Brand Registry?
- Do they typically consider different trademark classes when reviewing potential brand conflicts for enrollment?
- What's the best way to proceed with the appeal given this situation?
My related Case ID is 17704940241.
Any insights or similar experiences would be greatly appreciated. Thanks!
1 risposta
Dougal_Amazon
Hello @Seller_YzX0tumKSRWbG,
My name is Dougal from the Community Manager Team and thanks for the case ID, I am happy to take a look and help wherever I can.
The account that submitted the appeal case you shared here submitted another Brand Registry application last month that was approved and enrolled in Amazon Brand Registry and this was for the health and beauty category.
The application that was rejected was also filed for the health and personal care category and attached an image of skin care products with the one in focus appearing to be the same product as used in the first accepted application.
Via USPTO, I can see the different Trademarks used for the application, that they are owned by the same entity and that they have different goods and services.
You can find all of this in your Brand Applications Dashboard on the Brand Registry site.
Can you clarify, are you trying to enroll the skin care brand (class 03) ? If so, that is done already. If you are trying to enroll you TM whose primary class is 011, you will need to create an application selecting the correct category and provide images of that product type.
Please let me know if you have any other questions.
Best, Dougal
