While many families celebrated the Mid-Autumn Festival with reunions, numerous Amazon sellers found themselves in a state of distress. A widespread trademark compliance issue has emerged as a potential time bomb threatening their e-commerce businesses.
The U.S. Patent and Trademark Office (USPTO) recently issued a "Show Cause Order" targeting a Shenzhen-based service provider, with the affected trademark list spanning 164 pages and involving over 13,000 registrations. These numbers represent countless hours of work and the livelihoods of thousands of sellers.
The Allegations
According to USPTO documents, the service provider faces three primary accusations:
- Unauthorized practice of law: Allegedly engaging in legal activities beyond permitted service provider boundaries
- Fraudulent information: Submitting falsified signatures and misleading details in trademark applications
- System abuse: Flooding the USPTO with unauthorized high-volume trademark filings
The implicated company has issued a statement indicating ongoing communications with the USPTO to resolve the situation, though the final outcome remains uncertain. Sellers are advised to await official updates, leaving many in anxious limbo.
Emergency Response Strategies
With trademark issues becoming increasingly common, we've compiled three contingency plans for affected sellers:
Option 1: Refile and Rebrand
This conservative approach involves:
- Submitting a new USPTO application mirroring the problematic trademark
- Obtaining a new application number
- Rebranding the Amazon store with the new trademark
Pros:
Maintains brand continuity with relatively simple execution
Cons:
Requires additional fees with potential rejection risks
Option 2: Category Expansion
This method adds protective layers through:
- Registering additional trademark classifications
- Filing new applications under the same ownership
- Implementing multiple trademark protections
Pros:
Strengthens brand defense mechanisms
Cons:
May require product line adjustments
Option 3: Wait-and-See Approach
This high-risk strategy suggests:
- Monitoring the original trademark's status
- Reapplying if invalidated
- Rebranding post-decision
Pros:
Cost-effective
Cons:
Potential listing removals and sales disruptions
Preventative Measures
Beyond crisis management, sellers should implement these compliance practices:
- Authentic usage: Never fabricate evidence of trademark use
- Document retention: Maintain comprehensive application records
- Accurate timelines: Truthfully report first-use dates
- Proper filing: Correctly designate actual vs. intent-to-use applications
- Ongoing maintenance: Submit required periodic declarations
- Quality representation: Select USPTO-recognized agents with clean compliance records
As USPTO enforcement intensifies, Amazon sellers must prioritize trademark compliance through legitimate practices and qualified representation to ensure long-term marketplace stability.