Amazon Brand Registry: Protecting Brands from Counterfeiting
The Use of Amazon Brand Registry for Brand Protection
Brand protection – two of the most important terms in the modern online marketplace. In a world of international online sales, where not all sellers are subject to intellectual property laws in the United States, what does brand protection look like? For manufacturers and brands selling on Amazon, brand protection begins with Amazon Brand Registry.
What Is Brand Registry and How Does It Work?
In Amazon’s own words, “…Amazon Brand Registry is available to sellers who manufacture or sell their own branded products. Manufacturers can enroll their brand in the Amazon Brand Registry and register themselves as the brand owner. The goal … is to make it easier to manage their own brands and list their products on Amazon.” Not only can Brand Registry provide an additional layer of protection to your brand, it can increase the appeal and value of your private label FBA (Fulfill by Amazon) business by signaling to potential buyers or investors that you are a trusted and established brand protected from unauthorized third party counterfeiters.
Because Amazon allows the same listing to be used by multiple sellers, it is common for unauthorized sellers to “piggyback” a legitimate post to sell products that are not authentic. Often, this results in purchasers not even knowing they have purchased a counterfeit item until they attempt to make a warranty claim. When there is no warranty—because the product is illegitimate—the purchaser is likely to offer a poor review on the original (legitimate) listing, damaging the goodwill of the original brand. Even after the “hijacker” is identified, they simply shut down the account, create a new one, and start again.
Key Takeaways on the Benefits of Amazon Brand Registry
Amazon Brand Registry was designed to give brands greater control over their own product listings and simplify and expedite the reporting of counterfeit or otherwise questionable goods and sellers. The benefits of Brand Registry include:
A separate, dedicated interface and log-in
Increased control over product listings, including titles, product details, and images
The ability to use different product identification numbers to list products (other than UPC or EAN)
An updated and expedited process of reporting and removing unauthorized listings.
Increased visibility through alternative advertising options and interaction media.
The Requirements for Utilizing Amazon Brand Registry
In order to participate in Amazon Brand Registry, your brand must have an active, registered trademark with the United States Patent and Trademark Office (“USPTO”). A pending trademark application is not sufficient – you must have been granted a registered mark. Once you have obtained your mark(s), to enroll in Amazon Brand Registry, go to the Brand Registry enrollment page at https://brandservices.amazon.com/ and follow the prompts.
See our post Importance of Intellectual Property Rights: Increasing Market Share Through Stopping Knockoffs and Infringements for a comprehensive discussion of implementing effective IP-enforcement programs.
For more information on trademark counterfeiting enforcement, see our Anti-Counterfeiting & Enforcement Services and Industry Focused Legal Solutions pages.
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