Amazon Trademark Requirements have been Loosened

Amazon now Accepts Pending Trademark Applications for its Brand Registry 

Amazon is a global leader in e-commerce and is a critical platform for many small businesses. It is widely known that Amazon has established a brand registry program aimed at providing significant protection and control for brand owners over their intellectual property on the platform. However, many entrepreneurs do not have a clear understanding of the registry and its trademark requirements. We regularly field inquiries about its requirements and benefits. Amazon has recently relaxed its trademark registration requirement, allowing access to the brand registry based on just the filing of a trademark application (e.g., with the United States Patent and Trademark Office). This change will allow trademark holders to gain the protection of the brand registry much earlier than the previous rules allowed.

The Amazon Brand Registry is designed to help businesses protect their unique, registered brands, enhance their search query performance, and guard against trademark infringement in the Amazon marketplace. We provide a detailed explanation below of Amazon's brand registry trademark requirements, the benefits of enrolling, and the tools available for brand owners.

Eligibility Requirements for Amazon Brand Registry

To participate in Amazon's Brand Registry, you must fulfill certain eligibility requirements. Until recently, Amazon required an active registered trademark in each country where the brand seeks protection. A proper trademark under the brand registry rules is a word mark or design mark that appears on products or packaging.

A Pending Trademark Application Filed is now Sufficient for a Brand Registry Account

Amazon has recently expanded the eligibility for brand registry to allow a trademark owner to be admitted to the brand registry with a pending trademark application filed with the appropriate trademark office in the country in which they seek acceptance to the registry. If you are an entrepreneur launching a new brand through the Amazon platform, you can quickly file a trademark application with the US Patent and Trademark Office and enroll your brand on Amazon. This allows you to launch a new brand and establish the corresponding trademark as an Amazon registered brand very quickly, reducing the risk that a third party will establish use of the trademark before you.

However, pursuing a trademark registration can have its challenges. There may be similar marks that have been previously registered, or there may be issues with the form of the trademark that you have selected, such as descriptiveness or the inclusion of a surname. You should seek the assistance of an experienced trademark attorney before you file a trademark application. The attorney can vet the trademark and work with you to put your brand in the best possible condition before committing to the trademark registration process. For example, the trademark attorney will perform a thorough trademark search before filing a trademark registration application. If there are major issues discovered in the search, an experienced trademark attorney can counsel you through adjusting your brand strategy. This brand vetting process is highly recommended as it can ensure that the trademark registration process and your brand rollout proceed smoothly, allowing you to fully leverage Amazon's platform.

Potential Negative Effects of Reduced Amazon Trademark Standards

However, by allowing brand registry acceptance with just a pending trademark application, Amazon has created incentives for potential trademark extortion and fraud. Opportunists may apply for the registry based on pending trademarks for the same brand names already used by others and the usurp the opportunity to join the brand registry from the trademark owner. The fraudster may then submit infringement notices against the trademark owner and/or try to extort payment in exchange for the transfer of the trademark filing. Also, the new policy may allow for the placement of invalid trademarks on the registry (e.g., descriptive, generic, or otherwise unregistrable marks).

If a trademark rights owner runs into any kind of trademark extortion or fraud, they should not cooperate with the offending party. Any trademark application or registration that is filed fraudulently in an attempt to extort a trademark owner or trade on a trademark owner's goodwill can be challenged and removed through the US Patent and Trademark Office. A trademark infringement lawsuit may also be filed against the perpetrator of such fraud or malfeasance.

How to Enroll in Amazon Brand Registry

To enroll in Brand Registry, you must have a seller account and provide a trademark registration certificate or evidence of a pending trademark application. Enrolling requires logging into a seller central or brand registry account and submitting details including the serial number of the trademark application and supporting documentation from the trademark office. Once you complete these steps, you gain access to Brand Registry, which offers several key benefits. Here is an outline of the general steps for signing up for a brand registry account:

1. Trademark Requirement

• Registered Trademark: To participate in Amazon Brand Registry, you must have an active, federally registered trademark. This trademark can be either a word mark or a design mark (logo) that contains text and meets the requirements in the country where you seek registration.
• Jurisdictions: Amazon accepts trademarks issued by trademark offices in the U.S., Canada, Mexico, European Union, the U.K., Australia, India, Japan, and several other countries, and now pending trademark applications from these offices. The trademark must match the brand name you intend to register.

2. Creating an Amazon Account

• Amazon Seller or Vendor Account: If you do not already have one, create an Amazon Seller Central or Vendor Central account. The Brand Registry uses these accounts to connect your registered brand with your product listings.
• Amazon Account Sign-Up: Go to the Amazon Seller Central page to sign up for an account. You need to provide your business information, including legal name, address, contact details, and valid payment methods.

3. Prepare the Necessary Information

• Trademark Registration Number: Gather your trademark registration or application number (as filed with your national trademark office).
• Brand Logo and Images: Have high-quality images of your brand’s logo, product, or packaging ready. Amazon will require these to verify your brand.
• Authorized Contacts: Identify key individuals who are authorized to manage the Brand Registry account on behalf of the brand owner.

4. Access the Amazon Brand Registry Portal

• Brand Registry Website: Visit the Amazon Brand Registry Portal. This is where you will submit your application to join the Brand Registry.
• Sign In: Sign in using your Seller or Vendor Central credentials.

5. Submit an Application for Brand Registry

• Brand Information: Enter your brand name exactly as it appears on the trademark certificate or trademark application data. Provide the trademark registration or application serial number and select the country of filing.
• Mark Type: Specify whether your trademark is a word mark or design mark/logo. For a design mark, you will need to upload an image.
• Product Categories: Indicate the categories of products that your brand covers (e.g., Apparel, Electronics).
• Brand Logo and Product Images: Upload images that show the brand name appearing on your products or packaging. These images help verify that your products are genuinely associated with the registered trademark.

6. Verification by Amazon

• Trademark Verification: Amazon will contact the trademark office where the brand is registered to verify the trademark’s legitimacy. This may take several days.
• Email Verification: Amazon will send an email to the address listed on the trademark registration, and the recipient must respond with approval. This confirms ownership and authorization for the Brand Registry.

7. Approval and Account Setup

• Account Access: Once Amazon has verified your trademark, your brand will be approved, and you can log in to your Amazon Brand Registry account.
• Additional Information: You may need to set up more detailed brand information, such as adding product listings and ASINs (Amazon Standard Identification Numbers).
• Brand Protection Tools: After approval, you will have access to Amazon’s brand protection tools, such as the ability to report suspected intellectual property infringements and the use of search and report functions to monitor listings that misuse your trademark.

8. Brand Management and Monitoring

• Brand Dashboard: After successfully registering, you can manage your brand through the Brand Dashboard, which offers features like A+ Content (enhanced product descriptions), Brand Stores (customizable storefronts), and analytics for monitoring brand performance.
• Enforcement Tools: Use Amazon's tools to enforce your rights, such as reporting trademark violations and accessing detailed reports on intellectual property concerns.

Key Benefits of Amazon Brand Registry

One of the most significant brand registry benefits is the ability to control product listings and protect against trademark infringement. When you enroll a brand, you can monitor unauthorized uses of the trademarked brand, report counterfeits, and protect your brand using Amazon's automated protections.

The registry provides helpful tools to protect intellectual property and ensure distribution information about your products is accurate. The automated protections use advanced machine learning to identify and flag reports of infringement, thus preventing unauthorized sellers and counterfeit goods from going unnoticed. These measures give registered brands a significant competitive edge over other sellers who are not enrolled.

Another advantage of enrolling in the brand registry is increased control over product listings and the ability to create an official Amazon store for each brand. This can help you build a trusted relationship with customers and elevate your brand on Amazon. By utilizing these features, brands can better position themselves in multiple categories and enhance their visibility in the Amazon marketplace.

Using Amazon Brand Registry for Trademark Protection

Amazon Brand Registry acts as a tool to protect against trademark infringement. The brand registry utilizes a proprietary system to enable brand owners to report violations effectively. Through the violation tool, registrants can easily flag infringing content, including unauthorized use of their brand name or logo by other sellers.

Addressing Trademark Infringement and Counterfeit Goods

A critical aspect of brand registry benefits is combating trademark infringement and counterfeit goods. Amazon provides tools like the infringement report to flag unauthorized sellers and listings that violate intellectual property rights. Amazon sellers enrolled in the brand registry can use these tools to maintain the integrity of their trademarked brand and prevent abusive conduct by competitors.

Amazon also emphasizes proactive measures. By integrating advanced machine learning techniques, Amazon helps brand owners protect their intellectual property before an infringement occurs. For instance, if an infringing product is detected through a trademark search, Amazon can remove it automatically, thereby limiting the need for continuous manual intervention.

Managing Multiple Brands and Trademark Services

For those managing multiple brands, Amazon’s brand registry allows the consolidation of various trademarked brands under a single brand registry account. This centralization of control aids rights owners in maintaining oversight over all their intellectual property registered on the platform, especially in cases involving new brands or expansion into multiple categories.

The registry provides a brands tab that allows you to track product listings and manage any issues such as technical issues that might arise. Amazon also provides brand registry support, accessible through the seller central dashboard, ensuring brand owners receive the necessary assistance.

Brand Registry Benefits

Being part of the brand registry provides a significant competitive edge by offering selling features that are not available to other Amazon sellers. These features include the ability to control the branding of products, customize the brand experience on Amazon stores, and protect the brand in Amazon from misuse or unauthorized sales. Moreover, rights owners benefit from increased visibility through enhanced search terms related to their brand and products.

The brand registry also provides useful data on consumer interactions through search query performance, enabling brand owners to optimize their product listings. The data allows the registrant to adjust marketing strategies to better cater to consumer demands and outperform competitors.

Amazon Trademark Benefits and Brand Registry Account

Enrolling in Amazon's Brand Registry is an important step for any brand owner wishing to establish a strong presence in the Amazon marketplace. With tools and features that offer automated protections, simplified trademark searches, and methods to report violations, brand owners gain critical control over their registered trademarks and product listings. The ability to enroll a brand with a pending trademark provides a faster track for acceptance to the registry.

In summary, Amazon's brand registry requirements and tools provide both opportunities and challenges for trademark owners. Leveraging the available features effectively can help protect a trademarked brand, promote consumer trust, and maintain a competitive edge the crowded Amazon marketplace. To promote and protect your brand through the registry, it’s imperative to understand the eligibility requirements, pursue the trademark registration process, and diligently pursue registration of the brand on the registry.

Seek the Assistance of a Skilled Trademark Attorney

To ensure a smooth and effective enrollment in Amazon Brand Registry, it is highly recommended that prospective members consult with an experienced trademark attorney to vet and prepare a proper trademark application. Trademark registration can be a complex process that requires careful consideration of the mark’s distinctiveness, compliance with jurisdictional requirements, and proper preparation of the application. An experienced attorney can help navigate these complexities, ensuring the trademark application is thoroughly vetted, properly drafted, and optimized for a successful registration, ultimately safeguarding your brand's interests on Amazon. Contact Sierra IP Law for a free consultation.