The Myth of Early Access to the Amazon Brand Registry

The Amazon Brand Registry helps brand owners protect their trademarks on Amazon. Enrollment gives brand owners access to powerful tools, including proprietary text and image search, and increased authority over product listings with their brand name.

Amazon also runs an “IP Accelerator Program” that connects brand owners with a small network of law firms that offer some trademark services at pre-negotiated rates. When the program first launched in 2019, it also provided brand owners early access to the Brand Registry by allowing them to enroll after their applications were filed rather than waiting for registrations to be issued. Amazon subsequently changed this policy so that anyone with a pending application can enroll (including applicants represented by non-accelerator firms like mine).

Even though it’s been a couple of years since Amazon changed the early enrollment policy, the myth persists. The chief perpetrators appear to be the IP Accelerator firms themselves. Just this week, I was approached by an applicant who used an IP Accelerator firm to file their application. After the application was filed, the U.S. Patent and Trademark Office issued a letter called an “Office Action,” in which it initially refused registration of the application. In reporting the Office Action to the applicant, the IP Accelerator firm offered to assist for a significant fee. The firm ominously noted that the applicant’s participation in the Brand Registry would be jeopardized if it chose to use a different law firm to respond to the refusal (or take action itself). This is false. Amazon will not remove a mark from the Brand Registry if an applicant uses a different law to respond to an Office Action. However, the scare tactic had its intended effect: it made the applicant reluctant to switch law firms, and it perpetuated the myth that the IP Accelerator firms have a special relationship with the Brand Registry.

Don’t let the myth of early access deter you from making informed decisions about protecting your brand. Whether you’re just starting the trademark application process or facing an Office Action, know that you have the freedom to choose the legal representation that best suits your needs without jeopardizing your status in the Amazon Brand Registry.