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  • July 17, 2017
  • Brent Sausser
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Amazon Brand Registry

AMAZON BRAND REGISTRY ATTORNEY TRADEMARK

Recently Amazon.com added a brand registry to assist trademark registration owners in protecting their intellectual property on their site. This is a step in the right direction. Although, there are some very specific qualifications in order to utilize this service. Please review below to see if you qualify, and if not, how to qualify.

Amazon Brand Registry Qualification

Amazon does not just approve anyone who claims to own a brand name. They verify you have a registered trademark and that you meet other qualifications as well. First, you have to own one of the following types of marks:

  • “1 – TYPESET WORD(S)/LETTER(S)/NUMBER(S)”
  • “3 – AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S), LETTER(S)/NUMBER(S)”
  • “4 – STANDARD CHARACTER MARK”
  • “5 – WORDS, LETTERS, OR NUMBERS IN A STYLIZED FORM”

STANDARD CHARACTER MARK – A standard character trademark is protection for the word(s) of a trademark in any design, style, capitalization, or font. It’s the broadest type of trademark protection that the U.S. allows. Essentially, it’s a claim to the word itself and will prevent other registrations of confusingly similar sounding trademarks regardless of design.

ALL OTHERS ABOVE – The remaining trademarks are all marks with words. If you have a word in your registered trademark and on the Principal Register, you are in luck.

WHAT’S EXCLUDED – Design only marks. If you don’t have words, odds are Amazon will not accept you for brand registry. Marks on Supplemental Register, as explained below.

Next, the mark must be on the Principal Register, which is a problem for those with relatively new, inherently descriptive marks. However, there are ways to acquire a registration for a mark on the Principal Register.

  • If you own a mark on the Supplemental Register and want Amazon brand registry, odds are you’ll need to reapply and claim acquired secondary meaning through a 2(f) declaration in a new application. For more details see the below section, Supplemental Register Not Accepted. 

Finally, your wordmark (standard character mark) should match the name of your brand. In other words, if you own a trademark registration for SAMPLENAME it can’t appear as NAMESAMPLE on your products.

  1. You must own a registered trademark for a mark with words. Although, now they give you temporary permission with a Serial No. from the USPTO, which is issued upon filing a federal application.
  2. The registered trademark must be on the Principal Register not the Supplemental Register.
  3. The word mark must match the product name.

What to Provide Amazon for Brand Registry

Amazon has a policy in place which provides the specific requirements it will need to add you to its brand registry. The overall theme matches the above two requirements. Essentially you’ll need a registered trademark, which contains words, not simply a design mark, and you’ll need to submit evidence that the registered trademark matches the word mark you have on your products. Their requested information is more specific:

  1. Name of the mark that you have registered.
  2. You’ll need to provide the registration number or serial number of your registered trademark.
  3. Images of the name/logo that you use on packaging.
  4. Images of products using the name. If name isn’t on actual product you can provide the images on your packaging.
  5. List of product categories. Simple as that. Tell them what products the name is on.
  6. List of countries where your product is made and sold.

To begin your brand registration go straight to Amazon here.

Supplemental Register Not Accepted

As mentioned above, Amazon will not accept registrations on the Supplemental Register for brand registry. The Supplemental Register is reserved for marks that are inherently descriptive but capable of distinguishing their goods/services through secondary meaning. After five years of continuous use, marks on the Supplemental may apply to be on the Principal Register under section two of the Lanham Act (Trademark Act) based upon acquired secondary meaning. Some examples of marks that started on the Supplemental Register are BEST BUY, BANK OF AMERICA, HOTELS.COM, or 5 HOUR ENERGY DRINK.

  • Supplemental Register trademarks are not recognized by Amazon.
  • You can obtain a Principal mark if you have a Supplemental Registration after 5 years continuous use with proof of secondary meaning.

I Do Not Have a Trademark Registration for My Amazon Brand

Get one! This new policy from Amazon will help you prevent counterfeit goods from appearing on Amazon. In addition, can prevent major headaches down the road. From experience here are some common issues related to these ecommerce sites that could be prevented by getting your brand registered with Amazon:

  • Someone incorrectly/wrongfully submits an infringement claim against a trademark you own.
  • Someone else has the same EIN and a registered trademark and prevents you from selling your goods.
  • Someone likes your product name and steals it for use on their products.
  • Someone files for and obtains registration for a product name you used first.

Amazon brand registry is an excellent idea. Many trademark infringement issues occur on ecommerce sites. Etsy, Amazon, eBay, all have issues in relation to intellectual property infringement. One great way to prevent that is to qualify for brand registry on Amazon.

We Can Help

Our firm makes trademark registration as simple as possible. We can help you obtain the standard character trademark you are looking for that would qualify you for Amazon brand registry.  We get you to sign up via an online form. Please find our form for our trademark registration below.

Don’t delay. You want to be the first to file for your mark to prevent complications down the road.