Merely Descriptive Trademarks on Amazon

When a Trademark Office determines that an entire mark is “merely descriptive,” it can still be registered. However, in order to get it registered, you’d need to amend the application to the Supplemental Register rather than the Principal Register until the mark acquires distinctiveness.

A mark on the Supplemental Register enjoys many of the same benefits as a mark on the Principal Register.

Therefore, an applicant can continue registering a descriptive mark in its current form, understanding that it will likely be placed on the Supplemental Register.

However, Amazon does not allow marks from the Supplemental Register to be enrolled in its Brand Registry. If brand registration on Amazon is crucial for your business, using a descriptive mark might not be the best option. An Amazon seller with a descriptive mark has the following options:

Option A: File an application for the current word mark.
There is always a chance that the Patent Office may not find the mark to be descriptive, so you can still try and file it. With this option, you can join the Brand Registry as soon as the application is filed. The Trademark Office will likely issue a refusal on the grounds of “mere descriptiveness” about ten months after the application is filed, and you will have another three months before the mark is forced to move to the Supplemental Register.

If the mark is forced to move to the Supplemental Register, Amazon may remove your brand from the Brand Registry (although our team has not observed this in practice). This means you have just over a year before the mark goes to the Supplemental Register. During this time, you can use the Brand Registry for your mark and prepare the option discussed below.

Option B: Use a different mark.
You can choose another trademark with at least one distinctive “strong” word. A “strong” word is unique in the context of your products. The possibilities of finding such a word are endless! Some of the strongest words are entirely made up, and although this may seem counterintuitive, the more “random” your word appears in the context of your products, the stronger and more distinctive your brand will be.