There are pitfalls everywhere when doing business on Amazon, and here comes another one! Recently, a large number of sellers have encountered a "brand crisis". The brands of many sellers have suddenly become invalid. The culprit was that they failed to complete the 5-6 year oath on time, resulting in the trademark being directly judged invalid! ✅So , what exactly is this “oath”? To put it simply, the oath requires the seller to give a commitment letter on the use of the trademark. As long as the oath of use is resubmitted on time and the evidence of trademark use within 5-6 years is complete, the seller can continue to use the trademark normally. Otherwise, the brand will become invalid, and once invalidated, Amazon brand registration will be withdrawn, and the brand function will be completely lost. Not only will the brand lose protection, it will be easy to be infringed and copied, and the account weight and product sales will also be deeply affected. The consequences are disastrous, so you must pay great attention! The United States Trademark Office stipulates that a statement of continued use of the trademark must be submitted between the 5th and 6th year from the date of registration to maintain the validity of the trademark. In other words, U.S. trademarks successfully registered in 2019 and 2020 will be subject to a 5-6 year oath starting this year . Sellers are advised to check their own trademarks as soon as possible to see if their trademarks are within this time frame. Do not delay! It should be noted that if some sellers fail to submit their applications within the deadline, the Trademark Office will grant a six-month grace period, but they will have to pay a late fee . However, if the grace period is not renewed, the trademark will be in danger and the US Trademark Office will no longer protect it! ✅Methods for renewal of American Standard Method 1: Submit a statement of use + evidence of use, official fee is US$225 You must submit a signed affidavit that the registered trademark is still in use, detailing the use of the trademark after registration, and provide evidence of the registered trademark in use, such as real product photos with the trademark, sales links with brand name and other information, etc. Method 2: Submit a statement of use + evidence of use + an irrefutable sworn statement, with a total official fee of US$425 This enhanced trademark protection option is available subject to the legal requirements that the trademark has been registered on the principal register and has been in continuous use in commerce for at least five years. Filing a sworn declaration of incontestability provides enhanced trademark protection, making it impossible for others to revoke the registration on the grounds of lack of distinctiveness or trademark conflict. Note: There are certain conditions and limitations to the sworn declaration of incontestability, such as you need to continue using the trademark within five years after registration and no one else has raised any objection or dispute to the trademark. ✅Information required for taking the oath ① A signed affidavit that the registered trademark is still in use, detailing the use of the trademark after registration. ② Evidence of use of registered trademarks in use, recognized by the US Trademark Office: pictures of products with real trademarks, pictures of real products and product packaging, packaging/tags/labels with information such as trademark names, sales links with information such as brand names, etc. It should be noted that: subcategories that cannot provide evidence of use must be deleted. If they are deleted after being reviewed, a government fee of US$250 will be incurred! |
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