Amazon explains how to find a qualified attorney to help you apply for a US trademark in compliance!

Amazon explains how to find qualified attorneys to help you apply for a US trademark in compliance!

July 7, 2023

Contents:
1/United States Patent and Trademark Office (USPTO) requirements for US trademark applications
2/Your available solutions
(1) Hire a local law firm to help with your US trademark application
(2) Hire a law firm in Amazon IP Accelerator (IPA) to help with your US trademark application

Is the law firm that helped me apply for a trademark compliant?Where can I look it up?

US law firms are too expensive, and I don’t speak the language. Is there any other way?

Don't worry!Amazon has compiled and summarized the US Patent and Trademark Office’s rules for applying for a US trademark and recommends solutions to help you reduce language barriers and time zone challenges, avoid compliance risks, apply for a trademark efficiently, and complete Brand Registry successfully!

It is very important to work with a trustworthy lawyer!If the attorney or law firm applying for your trademark has previously been penalized or reported by the USPTO for violating USPTO rules and regulations, your application is very likely to be rejected by the USPTO, and your brand registration on Amazon may also not be approved. Click here to learn about Amazon Brand Registry qualifications and the process: Why was my Amazon Brand Registry application not approved even though all my materials were complete?

What are the specific USPTO rules, which attorneys has it already “blacklisted,” and how can you contact a qualified law firm?Next, we’ll answer them for you one by one!

A.If you want to file a US trademark application, under US counsel rules, you must

✅ Have a US-licensed attorney act as your direct representative
✅ The attorney actually prepares and submits application materials to the US Patent and Trademark Office

Learn more about the rules at the following link:
https://www.uspto.gov/trademarks/laws/trademark-rule-requires-foreign-applicants-and-registrants-have-us

B.Attorneys who are not licensed to practice law in the United States and third-party service providers cannot independently complete the above tasks and therefore cannot represent you in trademark matters before the USPTO. If you seek advice or assistance from someone who is not authorized to handle USPTO-related legal matters, your trademark application may be rejected, or the legal validity of your trademark registration may be adversely affected.

Reasons you need to hire a U.S.-licensed attorney:
https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney

C.If the trademark applicant’s domicile is outside the United States, they may engage a local law firm to find and hire a U.S.-licensed attorney to handle USPTO trademark matters. If a trademark applicant hires a US attorney through a third-party service provider, be sure to use caution.

Examples of noncompliance by third-party service providers:
https://www.uspto.gov/trademarks/protect/soliciting-attorney-sponsorship

D.These application agencies may claim that they can help file new applications, respond to official office actions, or help submit other documents to the USPTO, but their conduct may violate US law (for example, non-attorney employees engaging in the unauthorized practice of law). Amazon recommends that you always confirm that the person handling your US trademark matters meets the minimum standards set by the USPTO.

Specific standards:
https://www.uspto.gov/trademarks/protect/filing-firms

E.The only people who can provide you with legal advice or act on your behalf at the USPTO are attorneys licensed to practice law in the United States, not agents or experts. Any US attorney handling trademark matters for you must actually provide legal services, not just the signing or means for you to sign the relevant documents. Please note that, according to the special notes provided by the USPTO, professional attorneys:

❌ will not make asking you to fill out a questionnaire or similar document the only way to complete a trademark application
❌ will not communicate with you only by email
❌ The applicant agency will not be referred to as your legal representative in the application materials

Please note: the following are only reference suggestions provided by Amazon, and you may also evaluate and choose other options that comply with USPTO requirements

For any local law firm coordinating your US trademark application, we recommend that you ask them to confirm that any US attorney they work with will comply with the US rules of professional conduct.

A. Chinese law firms with experience in assisting with US trademark applications

Note: Amazon does not endorse any attorney or law firm, nor does it provide any guarantees regarding their legal services.

B. Avoid using attorneys penalized by the USPTO

Before hiring a US attorney or hiring one through a third-party service provider, you need to confirm whether they are on the US Patent and Trademark Office’s sanctions list<1>} or whether they are listed as an entity on the potentially misleading solicitations page<2>}.

US Patent and Trademark Office sanctions list:
https://www.uspto.gov/trademarks/protect/decisions-and-proceedings-search-tool

Entities listed on the potentially misleading solicitations page:
https://www.uspto.gov/trademarks/protect/caution-misleading-notices

Below is a list of attorneys who have been suspended or penalized by the US Patent and Trademark Office and a link to the announcement. Please note that because the list and penalty status change in real time, we recommend that you check the latest list and status on the United States Patent and Trademark Office website promptly. The following list is for reference only.

Notice of penalties imposed on 10 attorneys:
Please copy the link below to view it in your browser:

1.https://foiadocuments.uspto.gov/oed/Final-Order-(D2021-10)-(Hom)-Redacted.pdf
2.https://foiadocuments.uspto.gov/oed/Morton-Final-Order-D2022-07.pdf
3.https://foiadocuments.uspto.gov/oed/Lou_Final_Order_D2021-04_Redacted.pdf
4.https://foiadocuments.uspto.gov/oed/Reddy-Final-Order-(D2021-13).pdf
5.https://foiadocuments.uspto.gov/oed/David%20Final%20Order%20(D2021-08).pdf
6.https://foiadocuments.uspto.gov/oed/Li-Final-Order-(D2021-16).pdf
7.https://foiadocuments.uspto.gov/oed/Final-Order-(Hao)-(D2021-14).pdf
8.https://foiadocuments.uspto.gov/oed/Han-Final-Order-(D2022-23)_Redacted.pdf
9.https://foiadocuments.uspto.gov/oed/22-AF-0082-OC-001-Initial-Decision-on-Default-Judgment-08092022-Redacted.pdf
10.https://developer.uspto.gov/tm-decisions-api/download/f79921bb-ae40-3577-928b-76d2fc3edc2a

Amazon created the IP Accelerator program specifically for Small and Medium Business, making it easier and more cost-effective for you to protect your brand.

Vetted intellectual property law firms to help you save time and money

Access a network of trusted intellectual property law firms to help you avoid trademark registration pitfalls and get high-quality services at highly competitive prices.

Get your brand benefits faster

Get access sooner to the brand protection and branding tools available through Brand Registry, even if your trademark application is still pending (TM).

Protect your brand across the world

As you expand your brand presence to new Amazon Marketplaces, you can rely on trusted experts to establish intellectual property in other countries/regions.

You can also visit the IPA website at the following link to learn more about how the program can help you connect with a trustworthy intellectual property law firm:
https://brandservices.amazon.com/ipaccelerator?lang=zh-CN

Steps to find law firms in the IPA program that offer Chinese-language services

● step1

Copy the link below into your browser and log in to the IPA website
https://brandservices.amazon.com/ipaccelerator?lang=zh-CN

● step2

Click “Get Started” to go to the link to the list of law firms in the IPA program

● step3

Under the provider language option, check the Chinese option, and you will see the five law firms that can currently provide Chinese services in the IPA program. The most recent addition, AnJie Broad Law Firm, has an office in China to better provide Chinese sellers with service without time zone differences.

Alternatively, you can also use the following link to directly go to the IPA page under “Service Provider Network” in Seller Central to view the list of law firms in this program:

https://sellercentral.amazon.com/gspn/searchpage/IP%20Accelerator?ref_=ABR_IPA_GS&sellFrom=US&sellIn=US&localeSelection=en_US&initialSessionID=137-3848573-3671706&ld=ASXXABRDirect

Note: To access Seller Central, you need a Seller Central account. You can create one by copying the link below into your browser:
https://sellercentral.amazon.com/?initialSessionID=137-3848573-3671706&ld=ASXXABRDirect

If you do not have an Amazon Seller Central account and would like to work with an IPA law firm, you can contact the Amazon team via the link below:
https://brandservices.amazon.com/ipaccelerator/contact

● step4

Click the law firm you’re interested in to contact them directly. If you have other questions about the IPA program, you can use the following link to view the IPA FAQ page.

https://brandservices.amazon.com/ipaccelerator/faq

New Seller Onboarding Guide Video

Before entering Amazon, please read the registration guide video, prepare relevant registration materials in advance, understand the specific registration process, and help you start a store smoothly!

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