If you are an online seller, there are many good reasons for getting a federal trademark registration. One is selling products on Amazon.com. Amazon created the Amazon Brand Registry to help sellers on the platform protect brand and product names and to create a trusted experience for Amazon customers. Sellers enrolling in the Amazon Brand Registry have more influence over and control of their brand’s product listings. Most importantly, enrolling on the Amazon Brand Registry increases product sales. For eligibility, a seller generally must have a federal trademark registration—it is not sufficient to have a pending trademark application. Many sellers eager to get going on Amazon are surprised to learn that it may take months or longer to obtain the trademark registration.
So, what is the best way to get a trademark registration for Amazon? Here are some options compared:
1. Do it Yourself (DIY)
Like many things, it’s possible to get a trademark registration by doing it yourself—you will save some money if you pull it off. But, trademark application is a legal process requiring due diligence and steps. An experienced trademark attorney makes a big impact. One Stanford study shows that pro se applicants are less than 50% likely to succeed. In contrast, experienced trademark attorneys perform at least 50% better than unrepresented applicants. The USPTO “strongly encourage[s]” use of a U.S.-licensed attorney who specializes in trademark law. Delays, failure, wasted filing fees, and costly rebranding can be painful. So, trying to get a trademark registration by yourself is probably not the best option.
2. Law Firm
A traditional way to get a trademark registration is by using a mid- to large-size law firm. If a firm has good trademark attorneys, your chances of success go up dramatically (as mentioned above). But, it’s costly: according to the American Intellectual Property Law Association (AIPLA) 2019 Report of the Economic Survey, the median cost for trademark attorney work (like a trademark clearance search and opinion, trademark application, and trademark prosecution) is $3,230, not including government filing fees. For many businesses, this is too expensive.
3. Online Trademark Filing Service
There are many online trademark filing services that offer to file trademark applications for between ~$100 and ~$500 (not including government fees). Although this is less expensive than bigger law firms, many of these sites skimp on the upfront work (like trademark clearance searching). They also aren’t great at gleaning and analyzing the information necessary for preparing a well drafted trademark application. So, problems during trademark examination like added costs and delays are common. So, while online trademark filing services are slightly better than DIY, they are usually not as good as a traditional law firm.
4. Amazon’s IP Accelerator Referral Service
Amazon advertises a list of trademark attorneys to obtain trademarks for the Amazon Brand Registry at pre-negotiated rates. However, these rates are still relatively expensive. For example, an Amazon IP Accelerator attorney charges $2,400 for a comprehensive trademark search and trademark application (not including government fees). According to the AIPLA Survey, this is higher than the median cost of around $2,000 for the same services by other trademark attorneys. So, Amazon’s IP Accelerator referrals are better than DIY and online filing services, but similar to law firm expense.
5. Solo Trademark Attorney or Small Firm
Solo trademark attorneys and small firms are usually less expensive than larger law firms and they can perform as good or better than them. This is the case because bigger firms have larger overhead to cover. In fact, according to the AIPLA Survey, solo attorneys are typically 32% less expensive than their peers at larger firms. So, using an experienced solo or small firm trademark attorney is a great option. You will do much better than you would on your own or with an online trademark filer, and with less expense than a regular law firm or Amazon’s IP Accelerator Referral Service.
Brand Registry Trademark is a small and affordable, high-impact trademark law firm serving clients nationally. Using experienced trademark attorneys, we conduct proper pre-application work and file trademark applications for a flat rate of $795—at least 60% off the median cost for the same services nationally. Our trademark registration success has made our clients top trademark registrants in their areas. We do it right so that you have your trademark registration as soon as possible.
