Are you considering selling on Amazon? If so, being aware of the Amazon Brand Registry and policies is crucial. With its broad marketplace dynamics and high volume of products and sellers, Amazon presents a unique set of challenges and opportunities regarding trade mark effectiveness. This article highlights the key factors determining your trade mark’s effectiveness on Amazon.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
What is a Trade Mark?
A trade mark is any sign you use to distinguish your goods and services from other businesses. A ‘sign’ could be your business or product:
- name;
- logo;
- slogan;
- icon;
- colour;
- shape;
- scent; or
- sound (sometimes even a combination of these things).
How Can I Protect My Brand on Amazon?
Amazon has a platform called the Amazon Brand Registry to help brand owners protect their registered trade marks on the platform. It provides brand owners with additional tools and features to manage and enforce their intellectual property rights.
The Brand Registry focuses on safeguarding registered trade marks. It allows brand owners to submit their registered trade marks to Amazon, establishing a link between the brand and the products listed on the platform.
Continue reading this article below the formHow Do I Enrol Into the Amazon Brand Registry?
Enrolling your brand in the Amazon Brand Registry requires a pending or registered and active text-based or image-based trade mark.
If your brand has a trade mark pending registration, include the application number provided by the Intellectual Property office. Provide essential information such as your brand name and the associated government-registered trade mark number.
Amazon accepts trade marks issued by specific government trade mark offices, including those in Australia. By adhering to these requirements and guidelines, you can successfully enrol your brand and enhance its protection and visibility on the Amazon platform.
Does Amazon Brand Registry Accept WIPO Trade Marks?
Amazon’s Brand Registry aims to safeguard the intellectual property of brands on its platform. To ensure enrollment eligibility, Amazon currently accepts trade marks officially issued by government trade mark offices in specific countries. These countries include:
- the United States;
- Brazil;
- Canada;
- Mexico;
- Australia;
- India;
- Japan;
- France;
- Germany;
- Italy;
- Spain;
- Turkey;
- Singapore;
- Saudi Arabia;
- Sweden;
- Poland;
- Egypt;
- Benelux;
- the United Kingdom;
- the European Union; and
- the United Arab Emirates.
If your trade mark is registered with the World Intellectual Property Organization (WIPO), Amazon requests that you provide the corresponding trade mark number assigned by the national trade mark office. This is important because the trade mark number assigned by WIPO may differ from the one assigned by the national trade mark office.
Notably, Amazon’s Brand Registry operates independently and is not affiliated with any of the government trade mark offices mentioned. Therefore, brand owners are advised not to contact these offices for information about the Brand Registry.
What is Amazon’s Policy on IP Protection?
Amazon does not allow listings that violate the intellectual property rights of rights owners.
Under the IP Policy, when you sell on Amazon:
- you must comply with all federal, state, and local laws and Amazon policies applicable to your products and product listing; and
- you may not violate the IP rights of brands or other rights owners.
Violating this policy may result in loss of selling privileges or other legal consequences.
You can also report alleged intellectual property infringements if you do not have an Amazon Brand Registry user account.
Key Takeaways
As an Amazon seller, you should be aware of the IP implications you could face. The use of Amazon’s Brand Registry can help protect your intellectual property. Although consulting with a specialist IP lawyer can be helpful, it is essential first to understand some key legal concepts regarding trade marks.
If you have any questions about your IP rights, our experienced intellectual property lawyers can assist 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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