Do you need a trademark for Amazon Brand Registry? Have you tried USA and/or Canada and failed?
Maybe you’ve already spent too much money and it takes too long, or even worse you were refused? Don’t Worry, there is a way, the answer is Mexico!
This is what Amazon says what type of brands are eligible for the Amazon Brand Registry : “we currently only accept active word marks or graphical trademarks with a text component (words, letters, or numbers) that have been issued by government patent and trademark offices in the United States, Canada, Mexico…”
You can register your trademark in Mexico and get approved for Amazon Brand Registry.
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Why is the Amazon Brand Registry Important?
If you’re a Private Label Seller who sells products on Amazon under your own brand, then you should be signing up for Amazon Brand Registry. Amazon Brand Registry provides you with powerful tools to help protect your brand, including proprietary text and image search and predictive automation. It also gives you more access to advertising solutions to increase your brand presence on Amazon. When your brand is registered with Amazon Brand Registry, you will have the ability to report any Amazon policy violations. Amazon will provide support for sellers whenever they file a trademark or copyright violation report/complaint.
Why register a trademark?
Your brand name must have an active registered trademark to be registered in Amazon Brand Registry. For brands previously registered in Brand Registry 1.0 (which did not require a trademark), Amazon recommends reapplying for Brand Registry 2.0 for each individual brand, taking into account the new trademark requirement. Quoting Amazon: “Currently, brands must have a registered trademark to be eligible to join the Brand Registry. The trademark must be a “standard character mark”, a “typeset word(s)/letter(s)/number(s)”, an “illustration drawing which includes words, letters, and/or numbers”, or “words, letters, or numbers in a stylized form” and the trademark must match the brand name printed on products and/or packaging.”
Why register a trademark in Mexico?
Quoting Amazon: “...we currently only accept active word marks or graphical trademarks with a text component (words, letters, or numbers) that have been issued by government patent and trademark offices in the United States, Canada, Mexico, India, Australia, Japan, France, Germany, Italy, Spain, the United Kingdom, and the European Union.” So, technically, you can have a trademark from any of the above countries to be eligible for Brand Registry in USA, Canada, etc. However, getting a trademark in USA, Canada or European countries usually takes longer and the chances of denial are much higher. Sheer volume of applications and the size of the database of registered trademarks in these countries is much larger than in Mexico. Many word combinations are very difficult or impossible to trademark in USA. Maybe you have already got a denial. Not a problem, register a trademark in Mexico and get access to Brand Registry. Even if you plan to later register a trademark in USA or Europe, it is a good idea to have one official registered trademark in Mexico, and use it as supporting evidence for your trademark applications in other countries.
Why use MexTM?
Not only we are working with top attorneys in Mexico that will make sure your trademark is filed properly with the Mexico government and will communicate with Mexico officials if there are any concerns or questions, also we are Amazon Experts and we will make sure your trademark is in compliance with Amazon Brand Registry 2.0. There will be zero error probability or any loss in translation with us.
How Long Does it Take? Approximate process duration for straightforward cases: 2 to 8 months, depending on complexity.
Information about trademark registration in Mexico
Trademark registration In Mexico is done through the Mexican Institute of Industrial Property (IMPI). During the examination period the trademark office may refuse trademarks that are identical or confusingly similar to previously filed or registered marks. Once a trademark is registered, cancellation actions may be presented by owners of earlier registered trademarks. In these cases, the cancellation actions must be presented within three (3) years from the date on which the trademark is published as registered in the Intellectual Property Gazette. Probabilities of success for a cancellation action (post-registration opposition) will vary in each case depending on the circumstances. A registered trademark in Mexico will have a validity period of ten (10) years from the date of application. A trademark may be renewed for subsequent periods of ten (10) years. Trademarks may be renewed up to six (6) months before the date of expiration. If a trademark is not renewed before its date of expiration, renewal of the trademark is still possible for up to six (6) months upon payment of late fees. Mexico is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country.