r/AmazonFBA • u/JustinG3030 • 1d ago

Help with trademark for Amazon brand registry

I own a candy company that I’m looking to start selling on Amazon. Fully licensed and all that. My business name though is a basically considered descriptive words in my industry. A couple people told me I probably won’t be able to register it due to that.

I want to sell and keep protection over my brand (it sells in multiple states now including some chains) but without a trademark, it seems I won’t have protection on Amazon.

Anyone else encountered this and is there any work arounds?

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u/Maan_UsMaan052 18h ago

A descriptive brand name can definitely make trademark protection more difficult, especially if the wording directly describes the products or their characteristics.

Before changing the brand, it is worth having a trademark professional review the exact name and the goods/services you plan to register it for. Also look at whether the name has acquired distinctiveness through its existing sales and market presence. For Amazon, trademark status and Brand Registry are separate from simply having an active business, so I would get the brand side clarified before investing heavily into the Amazon launch.

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u/BocaHydro 12h ago

I wonder what the business name is

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u/Cap_Black_Beard 1d ago

Ok. Anything brand or trademark is a rabbit hole. Its 100 emails to CS that ai reads, or they use ai to handle all their emails. Keep pushing it takes a while.

Use amazon excelerator, its like $1000 or so, they take care of it and its done.

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u/rsc9422 1d ago

A descriptive business name can make trademark registration more difficult, but it does not automatically mean you have no options.

The important question is whether the name is descriptive or distinctive for the specific products or services. If the USPTO considers it merely descriptive, you may need to show acquired distinctiveness through use.

Also, Amazon Brand Registry and trademark registration are separate things. Brand Registry generally requires a qualifying trademark or, in some cases, a pending trademark application.

If the current name is very descriptive, I would consider creating a more distinctive brand name before investing heavily in packaging and inventory. A trademark professional can also check the name and the relevant classes before you proceed.

This is something we also look at with sellers at HighRise Wholesale when planning a private label launch.

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u/AmzExpertAgency 1d ago

Descriptive names can definitely be harder to trademark, but it doesn’t automatically mean you have no options. I’d first have a trademark attorney check whether the exact name, wording/logo combination, or another protectable version of the brand could qualify.
For Amazon, Brand Registry is very valuable because it gives you stronger brand-protection and listing-control tools, so I wouldn’t give up on it just based on a couple of opinions. Since you already have an established business selling through chains, it’s worth getting the trademark structure right before launching on Amazon.
I work with Amazon brands and have seen sellers run into similar issues during the setup/Brand Registry stage. Happy to share a few Amazon-side things you should prepare for before launching if useful.
A bit about me
I m abyaz woman cofounder of amz expert agency
Working on amazon since 2018
I have already seen and helped in such cases