Trademarks for e-commerce sellers
Amazon, Etsy, Shopify, TikTok Shop — the trademark is the thing that makes the brand yours, and the thing the platforms ask for.
If you private-label a product, you are selling goods, not retail services — and that one distinction determines the class you file in, whether Amazon Brand Registry works, and whether your registration is worth anything when a copycat listing appears.
E-commerce is the environment where an unregistered brand hurts fastest. Marketplaces run on automated IP complaint systems, and those systems ask one question: do you have a registration? A competitor with a registration can get your listing pulled. You, without one, are filling out forms and waiting.
It is also the environment where the platform itself demands a trademark. Amazon Brand Registry — the gateway to A+ Content, Stores, Brand Analytics, and real counterfeit enforcement — requires a registered trademark, or a pending application filed through IP Accelerator. There is no workaround.
The classes that apply to you
| If you sell / provide… | File in… | Notes |
|---|---|---|
| Apparel, hats, footwear | Class 25 | The product itself. |
| Supplements, vitamins | Class 5 | Private-label health is the archetypal Amazon category. |
| Skincare, cosmetics, soap | Class 3 | Non-medicated; medicated moves to Class 5. |
| Electronics, phone accessories | Class 9 | Cables, cases, chargers, audio. |
| Coffee, sauces, snacks | Class 30 | Meat, dairy, and jerky are Class 29. |
| Kitchen and housewares | Class 21 | Drinkware, utensils, cookware. |
| Reselling other brands’ products | Class 35 | This is a retail service — only correct if you genuinely resell. |
Each class is $350 in USPTO fees. MARQ’s $499 attorney fee is flat no matter how many classes the application covers — so protecting a second revenue line costs $350, not another full filing. See all 45 classes →
What goes wrong in this business
Filing “online retail store services” in Class 35
You sell online, so Class 35 sounds right. It is not, unless you are actually a store selling other people’s brands. A private-label seller sells goods, and a Class 35 registration says nothing about the product in the box. Amazon Brand Registry ties your brand to your products; so should your registration.
Registering a logo instead of the name
A design mark protects that design. A word mark protects the name — in any font, any color, any styling, on any surface. For a product brand that will restyle its packaging twice before year three, the word mark is almost always the more valuable registration, and it removes the image-matching problem from Brand Registry enrollment.
Waiting until there is a problem
The registration process takes 8–14 months. The hijacker shows up on a Tuesday. Filing early is the only thing that makes the registration available when you need it, and your priority date runs from the filing date, not the registration date.
Picking a name that describes the product
E-commerce naming leans on keywords for search. Keywords are descriptive, and descriptive marks get refused under Section 2(e)(1). The name that ranks is often the name that cannot be registered — that tension is worth resolving before the packaging is printed.
Questions from e-commerce sellers
Do I need a trademark to sell on Amazon?
Not to sell — but you need one for Amazon Brand Registry, which is what gives you A+ Content, Stores, Brand Analytics, and the tools to remove counterfeit and hijacked listings. Amazon requires an active registered trademark, or a pending application filed through its IP Accelerator program.
What trademark class do Amazon sellers need?
The class covering the goods you sell — Class 25 for apparel, 5 for supplements, 3 for skincare, 9 for electronics, 30 for food. Class 35 (retail services) fits only sellers who genuinely resell other brands, and it is the most common wrong answer.
Does a trademark protect me on Etsy and Shopify?
A federal registration is what you present when you file an IP infringement complaint with any marketplace, and it is the basis for a demand letter to a copycat with a Shopify store of their own. Registration is not platform-specific; that is precisely its value.
How much does it cost for an e-commerce seller to trademark a brand?
$849 in one class: a flat $499 attorney fee plus the USPTO’s $350 fee at cost. Sellers with two product lines in different classes pay $1,199.
Start with the search
Free DIY search now. $49 for the comprehensive attorney search and written opinion. $499 + USPTO fees at cost to register — flat, with no upsells.
Run a free searchSee flat pricingFree DIY search · $49 comprehensive attorney search · $499 + USPTO fees to register
Fee and deadline figures on this page come from the USPTO: trademark fee information, additional fees for trademark applications, and the USPTO trademarks dashboard. This page is general information about U.S. trademark law, not legal advice, and reading it does not create an attorney–client relationship. No attorney can guarantee registration — the USPTO decides.