How to Trademark your Amazon Business (without spending a fortune)

Looking to trademark your Amazon business? This guide outlines what I’ve done, as a real live Amazon FBA seller to protect my brand and its assets.

I actually have two Amazon business. Both selling in different categories, to very different consumers, with very different product types. As I am aiming for 7 figure exits on both, I recently went down the route of lodging a trademark to protect myself from counterfeits and high jackers. From this, I created my guide.

If you’re new here, also be sure to check out the excellent free guides and resources available for sellers just like you. Whilst I sell on Amazon, I also love writing about the journey and things I’ve learned along the way.

Quick disclaimer: I am NOT a lawyer, solicitor, attorney or otherwise. I’m simply writing this drawn from my own experiences, particularly how you can lodge your trademark without spending a fortune on fees. Please do your own research and engage legal advice for your specific Amazon business.

Now that you can’t sue me 😜 let’s begin….

Starting with your business

You’ll really need to identify the reasons why you want to trademark your Amazon business. Your business is unique, selling a distinctive range of goods. Are you trademarking for Enhanced Brand Content? Are you looking to protect yourself from copy-cats? Is a 6 or 7 figure exit on your horizon?

If you can clearly define your reasons, you’ll be more able to relay exact your needs to your legal advisor. They will be able to then advise the right method to suit your business model, product line and budget.

In addition, consider which countries you’ll want to lodge in. I’ve lodged in both the US (1 trademark) and the UK (2 trademarks, 1 currently being challenged by a competitor 😒) with differences in both applications. The US takes significantly longer at 12 months (occasionally 9) whilst the UK is generally 4 months if you’re not challenged.

How to Trademark your Amazon Business

If you’re looking to sell on Amazon’s global marketplaces, then your legal advisor is likely to recommend lodging across multiple countries. As yet, since I’m not selling on Amazon Australia, I haven’t lodged a trademark here. That said, I do have an Australian company structure and website which gives me some good legal protection from the get-go.

The 3 ways to lodge

There are 3 core ways to lodge your trademark. I’m gearing this for lodging a trademark in the United States, regardless of your country of residence. This is because it’s Amazon’s largest marketplace, and the best place to start for beginners.

You’ve got the expensive attorney, the cheap attorney, and the DIY method.

  1. The expensive attorney is the one I went with. Why? I take my Amazon business very seriously. This isn’t a hobby here. I genuinely am seeking a 7 figure future exit, and a solid trademark done properly is a brand asset that an investor will demand. My attorney works only with Amazon sellers.
  2. The cheap attorney is the one I would recommend for those with minimal capital available. You’re very unlikely to get good service and constant feedback. But you can sleep at night knowing that it has been done properly.
  3. Lastly, the DIY Method is for those who have brass balls, or simply those who are broke. Then again, those who are broke shouldn’t become Amazon sellers. This journey is an expensive one, and you’ll need some decent starting capital, as I’ve said here time and time again.

If you’re curious, it cost me $2,500 USD for my attorney. That’s super affordable in my books, for a lifetime of REAL protection for my Amazon business, with the assurance that I’m genuinely protected. It’s a one-time insurance cost that brings equity to the business. Essentially, I’ve spent more upfront now, instead of spending a fortune in the future.

For those looking for the cheaper route, then consider Upwork. Type in USA Trademark Attorney (or whichever country you’re looking to protect your word-mark in) and go from there. Fellow Amazon seller friends of mine find attorneys in the $700 to $1,500 range.

Trademark your Amazon business

I simply can’t recommend the DIY method. It’s akin to build your house yourself, without proper tools or experience. Weak foundations cannot hold up empires. Even with the DIY method, there are costs you’ll have to cough up with.

Next steps

I would find the best option you can afford. It really is that simple. For many reading this, it is the expensive attorney. You know – the one who actually understands Amazon, trademarks and the full USPTO process, having lodged hundreds of trademark applications previously. Yes – that one.

Regarding the types trademarks you can apply for, there is numerous on the menu. I chose the word-mark, and at this time of writing, Amazon does allow simply a word-mark for Enhanced Brand Content and protection against hijacking.

Previously, you could register a UK trademark (4 months and $900) then use it in the US marketplace. Unfortunately, Amazon recently closed this loophole. It was always going to be worthwhile going for a US trademark regardless.

Lastly, the trademark is one of the most important factors of your new Amazon business. As a business, you should treat it as such. This isn’t a hobby or just a little side hustle that you’re dabbling in.

See – this is going to take time, capital and some seriously hard work at times. Given the hundreds of hours you’ll be pouring into your Amazon business, it makes sense to protect it properly, yes?

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2 thoughts on “How to Trademark your Amazon Business (without spending a fortune)”

  1. I Josh and thank you for this informative article. Do you recommend registering a trademark from the start or wait for the business to get some momentum?

    Thanks
    Gilles

    Reply
    • Hi Gilles, most people wait until their Amazon business gets some momentum. Once you’ve got some proven sales, then register that USPTO trademark.

      The exception is where you’ve got some decent starting capital, in which case I would recommend lodging a trademark application today because of the 12 month waiting period.

      Reply

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I'm Joshua from Australia. 🇦🇺

I've been blogging for 12+ years here and have built up numerous sources of online income.

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