PROTECTING YOUR BRAND: THE IMPORTANCE OF TRADEMARKING IN LIGHT OF AMAZON’S BRAND REGISTRY REQUIREMENTS

In 2017, Amazon updated its Amazon Brand Registry eligibility requirements to include the requirement that all sellers upload a federal trademark registration certificate from the United States Patent and Trademark Office (“USPTO”)  to increase enforcement protection measures for brand owners against counterfeit sellers. Under the Amazon Brand Registry 2.0, there are two types of sellers qualified to apply: (1) actual brand owners and manufacturers; and (2) resellers, distributors, and/or companies that can present legal written authorization that they are authorized to sell such brand on Amazon (i.e. Distribution License Agreement).

In addition to a valid trademark registration certificate or written authorization to sell branded product, sellers must have the following information  to successfully register through the Amazon Brand Registry, :

  • Clear image upload of product packaging with clear branding on it
  • Clear image upload of product with trademark logo on it
  • Link to website where products and brand can be viewed
  • Registered email address with the trademark included in the domain name (i.e. your name@brandname.com), as third party email addresses from Gmail, Yahoo, etc. are prohibited).

For brand owners, manufacturers, vendors, and trademark licensees, successful registration through the Amazon Brand Registry creates an enforcement platform to reduce or eliminate consumer confusion and dilution of a brand’s commercial reputation with counterfeit goods.

Although Amazon’s requirement is a great trademark enforcement mechanism, the requirement of a federally registered trademark can be costly for brand owners. Registering a trademark requires a careful analysis of the classification of goods a trademark owner intends to use or actually uses in commerce. The written descriptions of the trademark also need to match the trademark the seller intends to use on Amazon to sell particular products on Amazon’s website.

If you are brand owner and need to file a federal trademark, contact Crespo Law Office to help you navigate through the trademark registration process. If you are a reseller or potential licensee of a brand looking to resell through Amazon, contact my office for us to prepare a license agreement on your behalf.