Trademark Expungement & Re-Examination: A New Weapon Against Listing Hijackers
Fast facts: The Trademark Modernization Act (TMA) has now cleared more than 50,000 unused goods and services from the U.S. register, giving Amazon sellers worldwide a quick, $400-per-class path to reclaim blocked ASINs and join Brand Registry.
Why Deadwood Trademarks Cripple Amazon Growth
Amazon’s Brand Registry requires a live USPTO filing that exactly matches your product class; even a dormant Shenzhen-owned registration can block a Paris or Miami FBA launch. Hijackers exploit the gap, stealing Buy-Box share until the true owner proves use. TMA petitions remove that roadblock in half the time and at a fraction of TTAB costs.
Expungement vs Re-Examination vs TTAB: Speed & Cost
| Feature | Expungement | Re-Exam | TTAB Cancellation |
|---|---|---|---|
| When Available | 3–10 yrs after reg. | 0–5 yrs | Any time |
| USPTO Fee | $400/class | $400/class | ≈ $600/class + litigation |
| Avg. Duration | 4–12 mo | 4–12 mo | 12–36 mo |
| Petitioner Identity | Anonymity OK | Anonymity OK | Standing required |
Your 5-Step Filing Blueprint
1 · Reasonable Investigation
Gather date-stamped screenshots from Amazon, Google Shopping, social media, and customs import logs; lack of U.S. sales is key.
2 · Draft Petition in TEAS
Use the USPTO’s dedicated form and attach exhibits.
3 · Pay the Reexamination or Expungement Class Fee
TEAS auto-calculates; pay via credit card or USPTO deposit account.
4 · Monitor the 3-Month Response Window
If the registrant fails to submit bona-fide evidence, targeted goods are cancelled.
5 · Re-file or Amend and Join Brand Registry
Upload the USPTO cancellation order alongside your new serial number to Amazon Brand Support to unlock A+ content and automated hijacker takedowns.
Quick Evidence Checklist
- Amazon .com/.co.uk/.fr searches (Incognito)
- Google Shopping U.S. filter
- IG / TikTok hashtag scans
- ImportGenius or Panjiva data
- USPTO TSDR specimen mismatch
Frequently Asked Questions
Do I risk being sued for filing?
No—TMA petitions are ex parte; registrants cannot seek damages for good-faith filings.
Must foreign sellers hire U.S. counsel?
Yes, USPTO rules mandate U.S. attorney representation for non-U.S. petitioners.
How soon should I act before Prime Day?
File at least seven months ahead to beat the average processing window.
Erase Deadwood & Reclaim Your Buy Box
Explore our Trademark Registration & Monitoring Services or click below for a free strategy call.
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