Asked in Trademark

Q: Hello My trademark is been done vis justia agency My trademark number is 5910706

I am trying to register my brand in amazon but they told me that this registration is not on a principal registry but only with agency

Can you please help?

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: Amazon is apparently requesting proof that you have registered your trademark on the principal registry of the United States Patent & Trademark Office (USPTO). If you have not done this, consult with a trademark attorney to assist you with the process.

Drew Chalfant
Drew Chalfant
Answered
  • Trademarks Lawyer
  • Cincinnati, OH

A: Assuming, for the benefit of the doubt, that this is a legit question and not just trolling - this mark has been registered on the Supplemental Register with the United States Patent and Trademark Office (not the Principal Register). This is likely because the USPTO initially had issues with the mark being merely descriptive of the product. In order to be listed on the Principal Register, you'll need to file a new trademark application with evidence that there is "secondary meaning" to your mark with the consuming public. In other words, you'll need to be able to show that when people here the brand name "D***s with Wicks", they think of your company specifically, not just any phallus shaped candles. An attorney can assist you with the new trademark filing to hopefully achieve registration on the principal register.

If this is a practical joke, masterful work. Well done.

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