Trademark Requirements for Amazon Brand Registry Trademark Requirements for Amazon Brand Registry Amazon Brand Registry Amazon has become one of the largest online marketplaces in the world. It is the biggest retailer in the US in terms of market value. There are over two million sellers on its platform dealing in all sorts of products from books and stationery to software and electronics. In such a huge marketplace, there are bound to exist some miscreants who resort to tactics like counterfeiting of goods and trademark infringement in order to earn some extra money. For an average Amazon seller, protecting his or her brand from such people is a difficult task to undertake alone. That is why Amazon has introduced their Brand Registry. If you feel that your brand is prone to being copied or that it will not be possible for you to check for infringers yourself, you should get your brand registered at the trademark office of your respective country and then have it listed in Amazon’s Registry. By doing so, you will be able to make use of the many modern tools, such as global search, image search, and bulk ASIN search, that Amazon offers for finding and reporting potential infringers. Furthermore, you will have a way easier time in establishing and promoting your brand because of the availability of options like enhanced brand content, brand dashboard, sponsored brands, and stores. What Does Amazon Say about Their Brand Registry? Amazon claims that their Registry will help the sellers safeguard their brand image and minimize the risk of an intellectual property rights breach. In their own words found on their website, Amazon Brand Registry provides “access to powerful tools including proprietary text and image search, predictive automation based on your reports of suspected intellectual property rights violations, and increased authority over product listings with your brand name”. According to Amazon’s statistics, their Registry already has 130,000+ brands, and, since its launch, there has been a 99% drop in the reports and verified cases of infringement. The Requirements of the New Brand Registry The new Amazon Brand Registry began in May 2017. Many had their trademarks already enrolled in the old Registry. Unfortunately, if they wanted to enjoy the protection and benefits of the new one, they had to sign up again after ensuring that the mark complied with the regulations in their country and the policies of Amazon. The two most important requirements are mentioned below. 1. The Filing of a Federal Trademark Application From November 2020 onwards, the criterion of getting your brand recognized by Amazon was relaxed a bit. In addition to trademark registrants, the sellers who had filed an application for their brand name to be registered were also allowed to get on Amazon Brand Registry. It means that applicants can now qualify for the Registry while their mark is still being processed at the trademark and patent office. 2. The Filing of the Application with the Trademark Offices of a Select Few Countries Not all registered brands can be enrolled in Amazon Brand Registry. Amazon demands that your mark be verified and registered by the relevant federal authorities of one of the following. i. Canada ii. The European Union iii. France iv. Germany v. India vi. Italy vii. Japan viii. Mexico ix. Spain x. The United Kingdom xi. The United States Possible Future Changes in the Requirements Although Amazon’s current requirements make it much easier for the sellers to access the protection offered by it, the program is very exploitable. As mentioned earlier, Amazon is a big platform, where thousands of complaints regarding a variety of issues are filed every day. The lax criterion of needing only an application and not registration for getting on the Brand Registry is likely to open a door for a plethora of new problems. Just take the US for example. Trademark prosecution here is a strict process where you have to meet several standards before you can get your mark registered. Not only do you have to make a file in the right font and color, but also get everything approved by an examining attorney. Even after that, someone might challenge your right of ownership of the mark based on resemblance and the likelihood of confusion. This exercise is, by all means, a rigorous one and filters out many potential defrauders and counterfeiters. However, with the enforcement of the new policy, sellers on Amazon can basically skip all of these steps and still get listed in the Registry. There are guaranteed to be people who will take advantage of its loopholes and commit fraud and infringement of legal rights. Once Amazon and the people associated with it realize how much havoc this all can wreak, they will be forced to rethink and readjust the criteria. If you still do not fully understand these requirements, no worries! One of the attorneys at TrademarkCounsels.com can handle it for you and offer the assistance you need. Trademark Prosecution and the Process of Enrolling in Amazon Brand Registry Trademark prosecution is essentially a formal term for the registration of a mark with the relevant authority. In the US, it is the USPTO. Despite the claims of many DIY services and attorneys who offer to get things done at an extremely cheap price, filing the application and having it processed is not as simple as you might think. There are many decisions that you must wisely make as even the most minor of oversights can have severe legal repercussions. This process can be divided into the following steps for ease of understanding. 1. Conduct a Proper Clearance Search. This is a preliminary step. Before you even begin any sort of official filing, you need to check for the availability of the mark you intend to register. You need to check in both the federal and state databases and also look out for unregistered marks that have been in use for a long time. In simple words, you need to avoid any and all “likelihood of confusion”. Your mark should not resemble an existing mark in its design, wording, and pattern, and it should have a distinct commercial impression. An inexperienced person might not be able to do this job comprehensively enough. In such a case, there is the possibility of their application being rejected. If, somehow, they do get the mark registered, another party can still sue him or her if they believe their rights are being violated. Seasoned trademark counsels, such as those available on the Trademark Counsels’ website, can help you conduct a thorough search through all the resources at hand and avoid all these unnecessary complications. 2. Draft and Finalize the Application. This is probably the most important step for those who want to use their trademarks to do business on Amazon. You need to fill out the application form carefully because it will be taken into consideration by Amazon when they are deciding whether or not to get you on their Brand Registry. It has been seen that in certain cases, the USPTO registers the brand name but Amazon does not. So, you should keep the following three things in mind when you are working on your application 1. The application should be free of errors, clear, and precise. Carefully read the instructions before drafting it. 2. The word mark or character mark given in the application should be the same as the one you are using on Amazon. They should not merely be “similar” but exactly the “same”. 3. The goods sold on Amazon using the mark should be the ones declared in the application. For example, if the application says that the mark will be used for the sale of shoes, you should not be selling clothes on Amazon using the same mark. In other words, state the category of goods in the application wisely. The attorneys at Trademark Counsels have breadth and depth of experience. Knowing the ins and outs of such legal matters, they can draw up and arrange the documents you will be needing for this registration. 3. Submit the Application and Stay Available for Inquiries. Your work is not done even after the submission of your trademark application. During its processing, the USPTO might contact you to have a few questions answered or demand some more information. You will be given a deadline to respond. A failure to meet this deadline often results in the application being “abandoned”. Abandoned applications do not progress further and are not registered. If this ends up being the case, you will have to file it again. This is not just a waste of time, but also of money. The professionals at Trademark Counsels can help you stay clear of anything that can possibly delay the registration of your mark. 4. Get the Certificate and Registration Number. Ultimately you will receive a certificate upon the registration of your trademark. A soft copy of this trademark registration certificate will be available on the website of the USPTO at tsdr.uspto.gov. All you need to do is to enter your serial number in the search bar there, and the certificate will be displayed. You will also be given a trademark registration number which you will be needing in the next step. 5. Apply with Amazon to Sign up for Their Registry. You need to visit the Amazon Brand Registry website at brandregistry.amazon.com and open the registration portal. You will be taken through a step-by-step procedure and required to give the following information. 1. The full trademark: make sure that it is the same one you currently use on your products, packaging, and ads and had put in the application. 2. The trademark registration number. 3. Verification that it is a standard character mark 4. Images of the logos in which the mark is shown 5. Images of the goods, packaging, and other things on which the mark is used 6. Categories of goods in which the brand name and mark will be used 7. Countries where the goods are made and supplied Having received all the necessary details and confirmed your eligibility, Amazon will provide your trademark counsels a confirmation code. They will then convey this code to you, which will conclude the registration of your brand in Amazon Brand Registry. A Lengthy Process Under normal circumstances, there is a period of a minimum of nine months between application filing and registration. The first three months will be taken for the application to reach the examining attorneys. If it gets passed, the application will be published in the next three months. The purpose of doing so is to give other parties a chance to “oppose” or challenge its registration if they believe that their own trademark rights are being infringed upon by it. If it manages to avoid or withstand opposition, the mark will become registered within the last three months. It would be wise to apply as soon as you can, not only to save time but also to get an advantage over others who want to register a similar mark. If you wish to further reduce the time taken for this process, you should file a “Petition to Make Special” with the director of the USPTO. However, only those whose trademark rights are being threatened and who are currently trying to handle infringers can take this short-cut. The best-case scenario is that your application reaches the examining attorney two months sooner. If you plan to get your brand on Amazon Brand Registry and need some help in doing so, you have come to the right place. Leave it all to the experienced attorneys at Trademark Counsels! Just visit our website and get things started. They are sure to meet your expectations in every way.
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