How Amazon’s Brand Registry Quietly Reshaped U.S. Trademark Law

Amazon’s Prime Day 2025 reignited concerns among shoppers and legal scholars alike about the chaotic state of search results on the platform. Consumers browsing for everyday items are increasingly faced with an avalanche of nearly identical listings, often featuring confusing product names composed of random letters and numbers. These so-called “nonsense marks” may help sellers gain search visibility, but they often hinder the customer experience. Beneath this surface-level frustration lies a more profound transformation of trademark law driven by Amazon’s Brand Registry system.

The Rise of Nonsense Marks

Legal experts describe alphanumeric product names like “EKDOG97” or “SLEEKTORP” as “nonsense marks.” These identifiers offer little or no meaningful branding but are attractive to sellers because they are more easily approved by the U.S. Patent and Trademark Office (USPTO). Their randomness ensures they don’t conflict with existing trademarks, increasing the likelihood of fast approval. Once registered, sellers can leverage these marks for exclusive privileges within Amazon’s Brand Registry—even if the name does nothing to aid consumer recall or trust.

Amazon’s Brand Registry as a Shadow Trademark System

Professors Jeanne Fromer of NYU Law and Mark McKenna of UCLA have called Amazon’s system a “shadow trademark system.” Unlike the traditional PTO-driven framework governed by statute and case law, Amazon’s system operates independently. By requiring PTO registration (or a pending application) for Brand Registry access, Amazon has incentivized even the smallest businesses to file trademarks, whether or not they previously intended to. The result is a parallel legal infrastructure—faster, private, and controlled by Amazon’s internal rules rather than federal law.

Legal Loopholes and Policy Consequences

Businesses can register stylized versions of otherwise generic or descriptive words by adding images or unique formatting. They then disclaim exclusive rights to the generic wording in the official registration—but can still use that wording in Amazon’s Brand Registry to assert control over listings. This workaround enables sellers to monopolize terms like “MUSTACHE” even after disclaiming them, giving them broad takedown powers within the Amazon ecosystem. This use of stylized marks and nonsense terms directly undermines the intent of traditional trademark law: to protect consumers through meaningful brand distinctions. Fromer points out that an entire new cottage industry of scammers has arisen who will register popular keywords as trademarks and use them to takedown legitimate listings or extort settlement money from sellers. We are AMZ Sellers Attorney® have helped many sellers who have had their listings or accounts suspended as a result of this practice.

USPTO Backlogs and Bad Actors

As a result of this influx of trademark filings, the USPTO is overwhelmed. The number of applications has nearly doubled, fueled by Amazon sellers seeking Brand Registry entry. Trademark scammers are exploiting the system too—filing marks they don’t own to extort legitimate Amazon sellers, threatening delisting unless a ransom is paid. In response, the USPTO created a Register Protection Unit to weed out fraudulent filings and has begun collaborating with Amazon to investigate abuse. Despite these efforts, delays and vulnerabilities persist for all applicants, including those with legitimate claims.

How to Protect Your Brand

If you're a seller on Amazon, registering your trademark is no longer optional. A federally registered or pending trademark gives you access to Brand Registry, enhanced brand protection tools, and the ability to take swift action against infringers. Be proactive—register your mark early and consider stylization strategies to increase your chances of approval.

Need Help? Talk to an Attorney

AMZ Sellers Attorney® has helped many e-commerce brands navigate trademark registration and enforcement. If you’re facing infringement, hijacking, or need to secure your brand rights, we’re ready to assist. Our flat-fee trademark services and Amazon enforcement tools are tailored for online sellers.