Updated: August 2026
In early 2023, a group of trademark attorneys accused Amazon of shutting them out of its Brand Registry programme, and two of them took the company to court for defamation. The dispute exposed how much power Amazon’s brand protection machinery holds over sellers and the lawyers who file their trademarks. This article sets out what happened, what Amazon changed since, and what it means in practice for sellers choosing trademark counsel and enrolling a brand today.
What happened in 2023
The complaints centred on Amazon’s automated brand protection systems. Those systems reviewed United States Patent and Trademark Office (USPTO) filings and flagged attorneys associated with disciplinary action. The knock-on effect was that even when a matter passed to a new, unsanctioned attorney, that attorney could be caught by the same association and struggle to obtain the Brand Registry codes sellers rely on to protect their marks on Amazon.
The pattern that triggered the lawsuits was misidentification. In at least one case an attorney was flagged after taking over ongoing trademark applications from a previous attorney who had been sanctioned by the USPTO. On 2 June 2023 an IP law office filed a defamation suit over what it described as Amazon’s list of blacklisted attorneys. Weeks later, on 27 June 2023, a second attorney filed a near-identical complaint, claiming he had lost upward of 75 percent of his trademark business because of the alleged system error.
What Amazon said and did
Amazon denied maintaining any blacklist of banned attorneys, but it conceded that its automated system had flagged some attorneys incorrectly. On 22 June 2023 Amazon’s senior corporate counsel issued an apology letter to one affected attorney, retracting emails that had been sent to her clients in error and stating that Amazon had no reason to believe she had engaged in professional misconduct before the USPTO. That first case, brought by a Nevada-based attorney, settled in early July 2023.
The company said it was working to correct the flagging problem. The plaintiffs argued that the damage to their practices, and to their clients who were told to seek other representation for brand registration, had already been done.
Where things stand in 2026
The first suit resolved through the 2023 settlement. As of mid-2026, no public resolution of the second defamation suit has been reported, so its outcome should not be assumed either way.
The wider context has shifted in a way that explains what Amazon was trying to do. Amazon has since gone on the offensive against fraudulent trademark activity, including legal action against a US attorney and overseas trademark companies over allegedly fraudulent registrations and takedown notices. That is the tension at the heart of the 2023 episode: the flagging was aimed at fraud and abuse of the trademark system, but its automated reach also caught legitimate attorneys by association. For sellers, the lesson is durable even though the litigation is specific to the United States. The identity and standing of the attorney who files a mark can affect a brand’s path into Brand Registry.
What this means when choosing trademark counsel
The practical takeaway for sellers is to treat the choice of trademark counsel as part of brand protection, not an afterthought. Before engaging an attorney or agent, a seller can confirm that the professional is in good standing with the relevant trademark office, which in the United States is the USPTO. Because Amazon’s systems have previously flagged filers by association with sanctioned practitioners, it is worth asking whether any pending applications were inherited from another filer, and confirming that the applications are clean.
It also helps to keep the brand details consistent. The brand name and logo submitted to Brand Registry should match the mark exactly as it is registered or applied for, because mismatches are a common reason enrolment stalls.
Brand Registry enrolment: pending versus registered marks
Amazon Brand Registry accepts either a registered trademark or, in many cases, a pending application, depending on the trademark office and the marketplace. The pending-application route is typically handled through Amazon’s IP Accelerator, which remains active in 2026 and can give eligible sellers access to Brand Registry benefits while a mark is still pending. Amazon publishes the current list of accepted trademark offices inside the Brand Registry portal, so sellers should confirm that their filing office is on that list for the marketplace they are targeting.
For general guidance on defending a mark once it is registered, our overview of how to protect a trademark against infringement covers the practical steps: top tips on how to protect a trademark against infringement.
Notes for EU and UK sellers
The lawsuits are a United States story, but the enrolment rules matter for European and United Kingdom sellers too, and the trademark offices are different.
For EU marketplaces, a trademark registered with the European Union Intellectual Property Office (EUIPO) covers all EU member states and is accepted by Amazon Brand Registry. Sellers filing an EU mark can start with EU trademark registration.
For the United Kingdom, a trademark registered with the UK Intellectual Property Office (UKIPO) is the relevant right for the Amazon UK marketplace. Since the United Kingdom left the EU, an EUIPO trade mark no longer covers the UK, so a seller who wants Brand Registry cover on both Amazon EU stores and Amazon UK generally needs both an EUIPO mark and a UKIPO mark. Sellers targeting the United States separately can file through US trademark registration.
For the broader compliance picture affecting EU sellers, our summary of the 2025 updates for EU Amazon sellers sets out the current regulatory landscape, and our Amazon FBA refund and reimbursement guide covers a related area where tight deadlines and documentation decide how much a seller recovers.
How Chern & Co helps Amazon sellers
Chern & Co is a licensed Irish corporate services provider that helps EU and UK Amazon sellers set up correctly and stay compliant, including the brand protection side. The firm files trademarks in the EU, UK and US, and aligns a seller’s company, tax and IP with Amazon’s policies. Sellers can see the full offering on our Amazon services hub, or go straight to our trusted Amazon SPN partner service for EU and UK sellers.
Frequently asked questions
Can any attorney file my trademark for Amazon Brand Registry?
You can use any qualified trademark attorney or agent authorised before the relevant office, which is the USPTO in the United States, EUIPO representatives in the EU, or the UKIPO in the United Kingdom. Amazon does not require a specific attorney, but its systems have in the past flagged filers associated with sanctioned practitioners, so it is worth checking an attorney’s standing before engaging them.
Do I need a registered trademark to join Brand Registry?
Not always. Amazon accepts a registered trademark or, in many cases, a pending application from a supported office, often filed through Amazon’s IP Accelerator. The exact requirement varies by trademark office and marketplace, so confirm the current terms in the Brand Registry portal.
Does an EU trademark work for Amazon Brand Registry?
An EUIPO trade mark is accepted for Amazon’s EU marketplaces. It does not cover the United Kingdom since Brexit, so selling on Amazon UK generally needs a separate UKIPO mark.
What happened to the 2023 lawsuits against Amazon?
The first suit, brought by a Nevada attorney, settled in 2023 after Amazon apologised and retracted the emails sent in error. A second, near-identical suit followed. As of mid-2026 no public resolution of that second suit has been reported.
Disclaimer: The content of this page is for general information only and is subject to change. It does not constitute legal or professional advice. No liability is accepted by Chern & Co for any actions taken or not taken in reliance on the information set out in this article. Professional, legal or tax advice should be obtained before taking or refraining from any action.
