Switched to Gallium from a larger firm and the difference has been massive. They offer much better service at much more manageable prices. If you are looking for fast efficient help with anything IP related, these are the guys for the job. Trademarks, Patents, Copyrights, these guys know what they are doing. They are my third lawyers I have worked with and the experience has been substantially better than the prior two.
Table of Contents
Connor Hance
August 2025
Anna Wengreen
August 2025
Nelson Lim
August 2025
Mike Lee
May 2025
Shawn
May 2025
Robert Paul
August 2024
Ryan Balko
September 2024
Daniel Bakke
August 2024
Gideon Eden
July 2023
David Morse
March 2024
Brady Hatcher
April 2023
Eric Wengreen
December 2022
Ashley Mooneyham
February 2022
Why Amazon Sellers Are Filing Trademarks in Record Numbers
Amazon sellers today face a competitive and increasingly hostile marketplace. With thousands of private-label brands vying for visibility and control of digital shelf space, intellectual property has become more than a legal concern; it’s a tactical weapon. The Amazon Brand Registry rewards those who file trademarks with enhanced control over product listings, counterfeit protection, and greater brand credibility. This has led to an explosion in trademark filings, with many sellers pursuing registrations simply to gain a short-term marketplace edge.
While some sellers approach trademarks with a long-term brand-building mindset, others exploit the system. Gallium Law has seen a rise in sellers using trademarks as part of a gray-area strategy: filing questionable or unenforceable marks purely to remove competitors, even if those marks are likely to be denied down the road.
This guide exposes these practices, explores the consequences, and helps sellers understand how to ethically protect their brand and products on Amazon, while steering clear of the pitfalls that can damage their business.
How the Amazon Brand Registry Works
The Amazon Brand Registry is a program designed to help brand owners protect their intellectual property and manage product listings. To enroll, a seller must have an active registered trademark or a pending application in certain countries.
Once approved, sellers gain powerful tools, including:
- Greater authority over product listings
- Access to tools for reporting counterfeit products
- Brand analytics and search tools
- Control over Enhanced Brand Content (EBC)
This registry has created an incentive for sellers to pursue trademarks early, and sometimes aggressively, to gain these protections.
Trademark Tactics in the Wild: A Real Seller Scenario
Imagine three sellers all offering a similar nootropic supplement marketed as a brain-enhancement product. One seller quickly files a trademark for the brand name, even though the product has only been live for a few weeks. Once the application is in motion, they use Amazon’s Brand Registry tools to report the other two listings as IP violations, citing pending trademark protection.
One competitor, in response, quickly files a trademark for a slightly altered version of the product name, hoping to use the same tactics in return. Each side engages in a short-term battle for listing control and buy box dominance.
The first seller to file holds the strongest position, using their pending trademark to suppress competitors through Amazon’s Brand Registry. The second seller’s defensive filing may provide temporary relief, but without legitimate prior use, they’re ultimately fighting a losing battle against the first filer’s established claim.
Short-Term Wins, Long-Term Risks
While this game of trademark leapfrog can produce short-term gains, the long-term risks are significant:
- Rejection by the USPTO: Trademarks filed without sufficient distinctiveness may face a fatal rejection for likelihood of confusion rendering the trademark unable to be registered.
- Loss of Brand Registry Access: If your trademark is canceled or denied, Amazon may remove your registry access.
- Legal Challenges: Competitors can oppose or petition to cancel bad-faith trademarks.
- Damage to Reputation: Aggressive or unethical filings can backfire with legal, marketplace, and customer consequences
- Federal Litigation Exposure: Bad-faith trademark filings expose you to federal claims for infringement, unfair competition, and fraud on the USPTO, resulting in damages, attorney fees, injunctions, and significant financial liability.
- Violation of Amazon Terms of Service: The consequences of violation can lead to the closure of your account
Gallium Law regularly advises clients who find themselves embroiled in these trademark skirmishes, helping them clean up the fallout or defend their brand against false claims.
What Makes a Trademark Application Problematic?
Not all trademarks are created equal. Many sellers file marks that seem expedient but are flawed from the start. Common issues include:
- Filing marks with a high probability of facing a likelihood of confusion rejection from the USPTO
- Filing descriptive terms with no secondary meaning
- Attempting to trademark generic or common words
- Overly broad goods and services descriptions
These trademarks often stall at the USPTO, costing sellers time, money, and their Amazon protections.
The Long-Term Approach: Ethical and Strategic Trademarking
For sellers who are serious about building a sustainable brand on Amazon, trademarks are a long-term investment, not a temporary tactic. Here’s how to approach the process with this motivation as the focus:
Conduct a Comprehensive Clearance Search
Before applying, ensure your desired mark isn’t already in use or likely to be confused with an existing trademark. Gallium Law conducts thorough searches across multiple databases and categories to reduce risk.
Ensure Commercial Use and Distinctiveness
Trademarks must be tied to actual use in commerce. This means more than a logo on a website; it requires tangible use in selling physical goods or services.
Choose the Right Classes and Descriptions
The USPTO divides trademarks into 45 classes. Choosing the correct one, and describing your goods accurately can affect your chances of approval and future enforceability.
Plan for International Protection
If you sell beyond the U.S., consider international trademarks via the Madrid Protocol or other strategies. Gallium Law provides global portfolio management and filing support.
Maintain your Trademark Rights
Once registered, your trademark needs ongoing care. Monitor for infringement, file timely renewals, and be prepared to defend against misuse.
How Gallium Law Helps Sellers Navigate the Amazon IP Landscape
Gallium Law specializes in helping Amazon sellers leverage intellectual property protections while avoiding compliance traps and costly missteps. Our team supports:
- Trademark clearance and filings tailored for Amazon Brand Registry
- Defense against competitor takedowns and infringement claims
- Monitoring and enforcement of registered IP
- Strategic consulting on long-term brand protection
Our Amazon Intellectual Property guide outlines additional services we provide specifically for sellers operating in this fast-moving space: Amazon Intellectual Property
We also provide full-service trademark support for sellers at any stage of their journey.
Gallium Law's Guide to Amazon Intellectual Property
Gallium Law's Guide to Amazon Intellectual Property
Gallium Law helps clients navigate Amazon’s complex IP landscape. We represent rights holders and sellers in enforcing and defending patents, trademarks, and copyrights. Whether stopping copycats or responding to takedowns, we deliver fast, strategic results.
What Happens If You’re Hit With a False IP Claim?
Amazon often acts quickly when a trademark complaint is filed. If you’re removed from the platform or have a listing taken down due to a questionable IP claim, here’s what to do:
- Consult with an IP Attorney Immediately: Timing matters. Swift action improves your chances of reinstatement.
- Review the Filing: Is the claim tied to a valid registered mark or a pending application?
- Gather Proof of Use: Documentation of your use in commerce can be a powerful defense.
- Challenge Similar Marks: Gallium Law can help you file oppositions to or petition for cancellation of trademarks or applications that are similar to your brand, which risk dilution of your brand.
Our team also supports sellers filing oppositions against trademarks designed solely to unfairly remove competitors.
Key Takeaways for Ethical Amazon Sellers
- Avoid Shortcuts: Trademark abuse may offer short-term advantages, but it is not sustainable.
- Protect your Brand Legitimately: This ensures defensibility, platform longevity, and increased company valuation.
- Don’t Wait for Issues to Arise: Proactive filing, monitoring, and enforcement is far more cost-effective than reacting after a takedown.
- Use Experienced IP Counsel: Gallium Law works with top sellers and growing brands to secure lasting protections on and off Amazon.
Building a Defensible Amazon Brand With Gallium Law
The Amazon marketplace continues to evolve, and so do the tactics sellers use to compete. While some may choose the gray path of short-term trademark filings for fast wins, it is the sellers who invest in real, enforceable IP who succeed in the long run. Trademarks are more than a shortcut to a registry. They are assets that increase brand value, support M&A potential, and protect against counterfeiters.
Gallium Law helps clients protect their brands, products, and reputations on Amazon and beyond. If you’re ready to build a defensible brand strategy, reach out to our team today.