Your business may benefit from using Amazon as a channel to reach a wider customer base. If your business plans to use the online platform to sell and distribute your products, you should know how to protect your business on Amazon. This article will explain the options your business can consider for brand protection with Amazon, both domestically and internationally.
Branding and Trade Marks
A brand is often mistaken to be only the logo or business name, but it actually represents the business as a whole. Your branding helps to distinguish your business from others, even if they sell a similar product to yours. This means that your business brand can be a combination of different signs that customers can identify, including your:
- logo;
- business name;
- colour scheme;
- slogan; or
- design aesthetic.
Some aspects of your business’ brand, like a trade mark, can be registered with IP Australia. By registering your trade mark, you have exclusive rights, which prevent competitors from using the trade mark. You will also be able to take legal action if your trade mark is infringed. While you can use an unregistered trade mark, consider registration if you would like legally enforceable rights to your brand identity.
The Importance of Brand Protection
Your brand and reputation are valuable assets that need protection. Without registered IP rights, you risk another business listing with Amazon using the same name as your business. If they sell a similar product of a lower quality than yours, your reputation could be impacted. Customers could be unwilling to purchase products from you again, particularly after reading seller and product reviews.
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Amazon’s Brand Registry
What is It?
The Amazon Brand Registry is a tool to provide protection for businesses selling goods through its site. Eligible sellers who have trade mark registration for their brand in any of the specified countries, including Australia, United States, United Kingdom and New Zealand, can create an account. You can then upload your trade mark registrations to receive more protection on Amazon. The Brand Registry is a useful and accessible tool to protect your brand. It allows customers to gain trust in businesses that sell their products on Amazon. The process for responding to IP infringements is separate from the automated Registry. Instead, if you have a registered trade mark, you must manually lodge a ‘report infringement form’.
How is My Business Protected?
You can use the Registry to prevent counterfeit products from being sold on the platform. You can also search by text or image on the Registry, which will then produce automated predictions of suspected IP rights violations based on your reports. This allows you to have control of your overall image and representation on the platform.
How Will My Trade Mark Ownership Be Verified?
Once you enrol your brand in the Brand Registry, Amazon will send you a verification code to the registered address for service. You will require this code to verify your ownership of the trade mark in question.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
International Sales
The process to protect your business on Amazon is different if you want your products to be available internationally. Each Amazon marketplace will require trade mark registration in the individual country where it operates. If you have an Australian business, you will need to register your trade marks in the various countries you wish to have your products available. This is the only way to use the Registry to protect your brand on the Amazon marketplace internationally.
If you want to use Amazon as a product distribution channel, you should contact a specialist who can advise you about overseas trade mark registration. You may then develop an effective strategy for proactively protecting your brand overseas. For example, if you foresee expansion in the near future, you can consider trade mark registration in the United States or any other country where you wish to sell your product. Importantly, you should note that a trade mark application is a lengthy process, and separate applications may be more costly.
Key Takeaways
Amazon is a major online marketplace for many Australian manufacturers and retail businesses. To ensure your brand remains unique on the platform, you can protect your registered trade marks by using its Brand Registry. Before launching your products on Amazon, you should consider a brand protection strategy as well as possible overseas trade mark registration.
If you would like further assistance regarding trade mark protection on Amazon, contact our experienced trademark lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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