Amazon Brand Registry And Trademark Requirements

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Trademarks And Amazon Brand Registry
Curious about trademarks and Amazon Brand Registry? Do you need a trademark to sell on Amazon? The short answer, no, unless you want to register your brand with Amazon under the Amazon Brand Registry. I’m sure we’ve all heard about sellers on Amazon grossing tens of thousands of dollars, some even hundreds a month from selling a single product on Amazon, some even automating the entire business and just linking the manufacturer to their Amazon store and not really having to do much. Amazon’s convenience and popularity makes it one of the best places for any business to sell products online. But with the growing demands on Amazon also came a lot of shady business: counterfeiters, people using other brands’ good grace to move their products and infringing on established brands. To remedy some of those issues, Amazon Brand Registry started requiring a Federal trademark registration in order for sellers to benefit from the perks of the Brand registry.

Benefits Of Brand Registry
According to Amazon, the “Brand Registry helps you protect your registered trademarks on Amazon and create an accurate and trusted experience for customers.” Essentially, if you want to make sure no one else can use your name on Amazon and ensure that others can’t just start a store with your name, then you need a Federal Trademark registration to get those perks.

Amazon Brand Registry also offers its customers access to tools that free account sellers can’t get. Your items show higher on their search list over products listed under the same name. You know how sometimes you’re looking for a product on Amazon, start typing and the rest of the field is filled out for your, reading your mind and leading you to what you’re looking for faster, well that predictive search could lead to your products with proper trademark registration protection and a Brand Registry account.

Amazon even promises that when you enroll in the Brand Registry program, “your brand and Amazon can work together to reduce potential intellectual property rights violations and promote an accurate representation of your brand on Amazon.”

Benefits Of Trademark Registration
We previously covered some of these benefits here, but to recap. Some of the advantages of having a registered trademark are:

Presumption of ownership
Exclusive right-to-use
Access to the federal courts
Right to use federal registration
Ability to block the importation of infringing goods
Trademark Requirements For The Brand Registry

Amazon changed some of their enrollment requirements. To register, here is what you will need:

– First off, there is is some confusion about whether you need a serial number or registration number for this. Essentially, a serial number is what you get automatically after filing for a trademark with the USPTO, whereas a Registration number is what you get after the USPTO has approved your mark and it’s now registered to you. I have heard from many clients trying to register their brand with Amazon that the serial number is no longer sufficient, so you will need a Registration number to sign up for this program,

– In addition, you mark must have the words of your brand included. That is, you can file for just the words of your brand, or if you’re really in love with your logo, your logo must contain the words you plan on using for your Amazon Brand registry,

– The mark must also be registered with one of the following countries at this time: UnitedStates, Canada, Mexico, India, Australia, Japan, France, Germany, Italy, Spain, the United Kingdom, and the European Union,

– The text on your trademark registration and that of your brand must be the same,

– Your product must either have the brand name on it, or the packaging must have that same name,

– The right classification. Basically, if you’re selling books, you need to make sure that your brand is registered under the correct class of goods and services,

– In the U.S, you have to be the owner of the brand in order to apply for a trademark registration. Resellers and other third parties are not allowed to apply for USPTO trademark registrations.

Mistakes To Avoid And Trademark Tips For Amazon Registry
1. Search
Before deciding on a name for your brand, make sure you do a thorough search for registered trademarks and for other businesses operating under the same name or variation of the name. For this, it’s often worth it to hire a professional attorney to do a comprehensive search for you from the get go rather than have to rebrand after your company has grown.

2. Pick A Strong Name
The more a trademark describes the products or services you’re selling and or location, the less strong your mark is. A mark which is arbitrary or fanciful is typically a much stronger name.

Happy Amazon selling!
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