Brand registry rejection, frustration
I’ve been rejected by brand registry multiple times due to issues with my trademark. The frustrating thing is they keep giving me different reasons and each time I go to my filing attorney and she tells me they rejected it in error. Here is my latest response, after another rejection
“Jim, The original rejection cited that our trademark does not meet the eligibility criteria, stating it’s a mark without literal elements. However, this contradicts the information on the USPTO website, which clearly indicates our trademark does have literal elements.
Additionally, our brand was rejected due to the mark type being designated as ‘0’. It’s important to note that this is a standard placeholder in the submission process and changes upon detailed examination.
Am I correct in concluding that the stated reason for the original rejection by Amazon was incorrect, and now has been changed to rejection due to it being “classified as a service mark”?
You stated that “The trademark must either be a text-based mark (word mark) or an image-based mark (design mark) in order to be eligible for Brand Registry.” The USPTO website shows that our mark is image based (design mark) including literal elements (our company name). Our filing attorney agrees we have met all criteria required by Amazon.
You also stated that the mark being classified as a service mark was the reason for being told the rejection was due to the mark being classified as a type 0 mark. This is confusing as the mark drawing type(0) is independent from the mark type (trademark, service mark).
Lastly, if the reason for rejection is due to the “mark type” being classified as service mark, you can see on the USPTO that our mark is classified as both trademark and service mark, meaning that this reason for rejection was submitted in error.
Thank you for your help in this matter, we hope to find clarification”
If anybody has suggestions please let me know, I’m starting to lose hope
submitted by /u/UnusualDocument
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