Protect Your Business with a Lawyer specializing in Amazon Brand Registry
Amazon presents a tremendous opportunity for people looking to build a retail business. Selling your products on Amazon can give you access to a market that is almost unimaginable. The other side of the coin is that Amazon sellers face intense competition, many of which engage in unethical practices to promote their business at the expense of others.
These shady business tactics often involve selling cheap, low-quality counterfeit products that are a copy of existing products with strong sales. Even worse, someone can copy your product and then claim that you are the business selling counterfeit products. Whether you’re an established seller or new to Amazon, it’s much easier to protect yourself in advance than deal with an issue after it presents itself. An Amazon brand registry lawyer can help you understand your options when it comes to protecting your brand and your business.
What is the Amazon Brand Registry?
Simply put, the Amazon Brand Registry is a program that helps sellers protect their brand. Once enrolled, the Brand Registry provides sellers with several powerful tools to manage and protect their online image, ultimately increasing the value and reputation of your business. To enroll, you need to provide Amazon with the following information:
- Your brand name that is trademarked
- Your trademark
- The government trademark number
- A list of product categories in which your brand and products will be sold
It’s important to note that you can still enroll if your trademark application is pending. However, if you don’t have a trademark and haven’t submitted a trademark application, you cannot enroll in the Amazon Brand Registry. As a result, if you are a private label seller who hasn’t yet filed for trademark protection, an Amazon brand registry lawyer can help you navigate the process.
Benefits of Enrolling in the Amazon Brand Registry
With the creation of the Amazon Brand Registry, the business empire signaled to its sellers that it was serious about dealing with counterfeiters, hijackers, and other bad actors. The Brand Registry continues to make it easier for sellers to manage their brand and fight IP infringement. Enrolling in the Brand Registry provides the following benefits:
- Brand management: Enrolling in the Brand Registry gives you greater control over product pages that use your brand name, allowing you to ensure that customers are receiving accurate information.
- Powerful tools for identifying and reporting infringements: Amazon provides registered sellers with multiple tools for spotting products that are infringing on their intellectual property rights.
- Proactive brand protections: Registered sellers can provide additional information to Amazon that will help Amazon prevent other sellers from using your trademarked logos or marks or otherwise attempt to do business under your brand.
FAQs: What Sellers Need to Know about the Amazon Brand Registry
How Do I Get My Company on the Amazon Brand Registry if I Already Have a Registered Trademark?
If you already have a registered trademark that covers one or more products you sell on Amazon, you may be immediately eligible to apply for the trademark protection benefits afforded by the Amazon Brand Registry. Our lawyers can review your trademark registration to determine if it qualifies you for the Registry; and, if it does, we can guide you through the application process.
What Is the Quickest Way to Get on the Amazon Brand Registry If I Don’t Yet Have a Registered Trademark?
Whether or not you are a current Amazon seller, the quickest way to get on the Amazon Brand Registry is to hire a law firm to file a trademark registration application with the U.S. Patent and Trademark Office (USPTO) as soon as possible. Once your trademark registration application is on file, you are automatically eligible to get on the Amazon Brand Registry and receive all associated benefits.
What about filing a trademark registration application on your own? While this is technically an option, we recommend against it for a variety of different reasons. First and foremost, you need to ensure that your chosen trademark is “available” for registration. If you file for registration and the USPTO determines that another business has already filed an application for a “confusingly similar” trademark applied to similar goods or services, the USPTO will deny your application and you will need to either (i) fight the denial, or (ii) restart your branding from scratch.
A trademark law firm can conduct a search to determine whether your chosen trademark is available. Your law firm can also help you decide which products or services your trademark registration application should cover (each “international class” of goods or services carries a separate filing fee). At ESQgo®, our DYNAMIC BRAND CHAMBER allows Amazon sellers to obtain broad trademark protection while filing in just a single international class.
What Happens if I Get on the Amazon Brand Registry and Then the USPTO Denies My Trademark Registration Application?
If you hire a qualified law firm to conduct your trademark search and prepare your USPTO trademark registration application, this generally shouldn’t be an issue. But, if it happens, Amazon will remove your company from the Brand Registry. Amazon states that it “regularly monitor[s] the status of trademark applications filed through [the] IP Accelerator. If your application is denied, then you will no longer have access to the brand protection features for that trademark application.”
Is It Worth Getting On the Amazon Brand Registry?
Several of our clients have seen significant benefits from getting on the Amazon Brand Registry. Amazon reports that enrolled brands have experienced a 99-percent reduction in suspected infringements since the program’s launch, equating to more than four million “bad actor accounts” being stopped from publishing infringing product listings in 2021 alone.
But, while getting on the Amazon Brand Registry is one way sellers can reduce their risk of dealing with infringers and counterfeiters, it is important to note that this is just one aspect of a comprehensive trademark protection program. Sellers cannot solely rely on Amazon to protect their brands, but instead must take a number of other proactive measures as well. At ESQgo®, we provide comprehensive trademark protection services for our clients, and we can help you preserve the value and exclusivity of your company’s brands on an ongoing basis.
Speak with ESQgo®, PC to Discuss Your Options
At ESQgo®, we understand the value of brand protection and work closely with our clients to help them understand their options. Whether you are dealing with infringement issues or simply planning ahead, we can help you make the right choices. Contact us today to schedule a free, 1-hour consultation to learn about your options.