Many Amazon sellers mistakenly believe that registering a trademark in the United States guarantees permanent protection for their products on the platform. However, this assumption overlooks a critical requirement—trademark renewal. Recently, numerous sellers have faced brand registry deactivation and product delisting due to overlooked renewal deadlines, potentially jeopardizing years of business investment.
Trademark Renewal: A Lifeline for Amazon Sellers
According to U.S. Patent and Trademark Office (USPTO) regulations, registered trademarks require periodic maintenance. Between the 5th-6th and 9th-10th years after registration, trademark holders must submit declarations of continued use with supporting evidence—essentially demonstrating active commercial use of the mark.
Failure to file these declarations results in trademark cancellation. For Amazon sellers, this triggers immediate consequences: brand-registered products become inactive, and locked brand fields prevent editing product listings. The operational and financial impact can be severe for businesses that fail to maintain their trademarks.
Two Approaches to Trademark Maintenance
The USPTO permits two declaration filing methods:
- Basic Declaration: Submission of a use affidavit with supporting evidence, requiring authentic product images or sales links demonstrating active trademark use.
- Incontestability Declaration: Includes all basic requirements plus an "incontestability" claim that provides stronger legal protection against future challenges to the trademark's validity.
Trademark holders receive a one-year renewal window beginning at the five-year mark. While USPTO notifications provide reminders, processing delays necessitate filing declarations well before deadlines—ideally within six months of eligibility.
Preparing Effective Evidence
Acceptable proof of use includes:
- Authentic product images displaying the trademark
- Photographs of products and packaging
- Labels or tags showing the brand name, product details, and pricing
- Sales listings with brand identifiers, product descriptions, and pricing in USD
Critical Prevention Measures
To avoid brand registry disruptions:
- Monitor renewal deadlines through calendar reminders
- Consider professional IP services for complex filings
- Maintain organized archives of use evidence
- Ensure current contact information with the USPTO
In Amazon's competitive marketplace, proactive trademark maintenance remains essential for protecting long-term brand equity and marketplace presence.