Does My Trade Mark Have To Registered To Sell On Amazon

Amazon Brand Registry

The Amazon market place is more than a platform for Amazon to sell appurtenances. Information technology's also a identify where third-political party retailers can sell their products to the e-commerce giant's convict audience. The arrangement works well. Sellers get access to a broad audience for their products, and fulfilment of orders. Amazon takes a commission from each sale. Amazon also gives sellers practical tools, including the Amazon Brand Registry.

Sellers need Amazon to protect them against trademark infringement. Infringers could be passing off a brand every bit their own, selling apocryphal products, or hijacking listings. Amazon has a solution, which is the Amazon Brand Registry. The Amazon Brand Registry includes a collection of tools to help you protect your brand and goodwill on the Amazon platform.

The benefits of the Amazon Brand Registry are considerable. Members go admission to powerful predictive automation engineering science based on reports of suspected intellectual property infringement, and proprietary text and image search tools to seek out unauthorized employ. The platform makes it easy for owners of brands to find bad actors on the platform and remove infringing listings.

What Are the Amazon Brand Registry Requirements?

First Requirement – Registration or Grant of Protection past Government Office (or But a Pending Awarding with the U.s. Trademark Office)

The first requirement for Amazon Brand Registry enrollment is that the seller must have a registered trademark. Amazon also accepts awaiting applications in some countries, including the Usa.

The Amazon Brand Registry recognizes brands from trademark registrations issued by the following regime trademark offices:

U.s.,Brazil, Australia, France, Federal republic of germany, Italy, Turkey, Singapore, Spain, Netherlands, Kingdom of saudi arabia, Egypt, Sweden, Poland, United Arab Emirates, United Kingdom, European Wedlock, Canada, Mexico, Republic of india, and Japan

Second Requirement – Trademark Contains Text

The second requirement is that the trademark must be either text-based or if paradigm-based, include words, messages, or numbers. In other words, logos are eligible, but only if it includes words, letters, or numbers.

3rd Requirement – Use of the Brand on Products or Packaging

The Seller must show that the active registered trademark appears on the products or packaging.

Applying for Amazon Brand Registry Enrollment

If y'all own a awaiting and registered United states trademark, you may apply either the application serial number or the registration number to enroll in the Amazon Brand Registry. Amazon provides a helpful portal where you can submit all the required information online.

Utilize this link to admission the Amazon Make Registry enrollment page: Amazon Brand Registry Enrollment

Yous demand the following information to use for the Amazon Brand Registry:

Your U.s.a. Trademark Registration Number or US Trademark Application Serial Number
Pictures of any products and packaging which carry your marker
The product categories in which Amazon should include your make
The countries in which you manufacture and distribute your products

Amazon emails a confirmation lawmaking to the person identified as the correspondent with the US Patent and Trademark Office. If an chaser is listed as the application's correspondent, the chaser will forward yous the code to complete enrollment.

Does it Take Long to Register a Trademark and Enroll in the Amazon Brand Registry?

Although trademark registration with the US Patent and Trademark Office can accept nine-12 months, simply applying for registration may exist sufficient for Amazon Brand Registry enrollment. The trademark application process is first come, get-go serve. Then an early trademark awarding has the added benefit of obtaining priority over later applications.

The get-go step in the process is to file your awarding for trademark registration with an official trademarking torso. In the US, in order to be on the Amazon Make Registry, sellers must apply to register their trademark with the federal Us Trademark and Patent Office. The date you file your application is critical. If you are the first to file an application for a particular trademark, then anybody who submits later on you must expect in line. Getting in early on is quite important.

The adjacent step is for an examining chaser to review your application. The purpose of the review is to check that your application meets diverse legal requirements. The trademark role will ensure that a prior registration of the aforementioned or a similar marking does not exist. Examination typically takes six (6) months.

One time approved by the trademark office, the application then enters the opposition menstruum. During the opposition menstruation, others can oppose your trademark awarding on legal grounds. If no 3rd-parties oppose your trademark application during the 30 day opposition period, a registration will be issued within 8-10 weeks of the publication catamenia.

How to Register Your Trademark with a Authorities Trademark Part

Registering your trademark with the US Patent and Trademark Office involves more than submitting your mark and identifying the type of appurtenances sold using the mark. The decisions you make today determine the protections you lot receive. What may seem trivial can lead to enormously different outcomes. Not meeting the legal requirements can result in rejection by the examining attorney. Initial rejection may cause months of filibuster before your brand is eligible for Amazon Make Registry enrollment.

Hither are the recommended steps to have when applying for trademark registration:

Pace 1: Check if Your Trademark is Available

The kickoff step is to find out whether the mark is in utilize or registered in the target market. You may recollect that you have an original brand. But a proper search can confirm that. Somebody may have already registered it.

Unavailability considering of a prior registration for a similar trademark is a leading cause of rejection of trademark applications. You will be surprised just how many trademarks are already registered. A well-performed search of the US Patent and Trademark registry which reveals a pre-existing registration that will result in rejection can save a yr of time.

Continuing to use a trademark that is already owned may bailiwick y'all to civil liability. Civil liability may include paying profits from improper utilise of the brand. You could exist liable for trademark infringement for using a mark that is similar in meaning, sound, sight or "commercial impression" to some other brand already operating in the marketplace. Because similar merely not identical marks can be infringing a search by a trademark professional is recommended.

A search for unregistered marks using a consumer internet search engine is as well bereft to clear a marking for utilize. Search engines are designed to provide results that you will find useful. They rank popular pages highest. A make that is in use, but not pop, may not be in the search results but nonetheless have superior trademark rights.

Step two: Draft and File a Trademark Awarding

Another common cause of rejection of trademark applications is the bidder's lack of proper use of the trademark. You will be required to submit proof of how you are using the trademark. The United states Patent and Trademark Office has detailed rules regarding proper utilize of your trademark.

The trademark application must specify the goods and/or services for which the trademark is used. The goods should match what are sold on Amazon. The goods and services identified in the application must too match the show of proof of utilise.

When it comes to getting your make on the Amazon Brand Registry, Amazon imposes high standards. Having trademark registration is a necessary condition for getting on the Amazon register, simply information technology'south not sufficient. The registration of your trademark needs to friction match the mark on Amazon exactly for the company to accept it. If there's a discrepancy, Amazon will deny access to the annals, along with all the protection it brings.

Footstep 3: Monitor Examination and Opposition

It is typical for the Examining Attorney to request minor changes or to reject the awarding birthday. The Examining Attorney is not permitted to provide legal communication virtually changes to the application that can overcome the footing for rejection. Such changes may affect your legal rights in substantive ways. There are strict deadlines for responding to correspondence, including rejections, from the Examining Attorney. It may be benign to have an attorney monitor the exam procedure and timely reply to the USPTO.

If the application is opposed by a third-political party, a Trademark Trial and Appeals Board ("Lath") activity is initiated and you volition accept a short corporeality of time to file a formal answer with the Board. In some cases, a resolution can exist obtained by inbound an agreement with the 3rd-party opposer.

What Happens If The Application Fails to Run across the Legal Requirements?

It's too vital that you avoid mistakes on your application. The application is a legal document, and you must complete it correctly for it to laissez passer the examination. The USPTO will reject applications that exercise not adjust to legal standards. You may be able to satisfy the USPTO by making adjustments. In some cases, an explanation is necessary. If there are mistakes and they are discovered during test past a The states Patent and Trademark attorney, you may demand to commencement the unabridged application process over once again. Many sellers, therefore, choose the services of legal professionals to maximize the chances of passing the test.

How You Might Benefit From Amazon Brand Registry

In that location are currently tens of thousands of brands in the Amazon Brand Registry, and the number rises every mean solar day. Those in the register study less infringement and unauthorized use, helping them to protect the brand that they work so hard to construct. At that place are too diverse tools which y'all tin use to help Amazon end the unauthorized use of your brand.

The benefits of becoming an Amazon Make Registry member are considerable. Amazon lists the benefits as follows:

Extensive Search And Reporting Tools

Amazon wants to make information technology as like shooting fish in a barrel as possible for registered sellers to find and eliminate trademark infringements on its platform. The company offers tools to brand the procedure easier, including "Global Search," which allows sellers to search for infringement efficiently.

Amazon, like Google, likewise provides sophisticated image search tools. Sellers can put unlike versions of their marks and logos into an epitome search and scour the Amazon platform for imitators.

Almost all Amazon sellers sell multiple products through the marketplace and have vast product portfolios. Amazon allows bulk ASIN and production URL searches, making it easier for sellers to observe and identify infringements, without manually searching products one at a fourth dimension.

Later you've completed a search, Amazon provides tools which allow y'all to create and file a report with the company efficiently. Amazon will so investigate the matter and take action, if appropriate.

Get Amazon To Proactively Flag Make Infringements

Amazon is proactive when it comes to protecting your intellectual property. It will flag product listings which incorrectly utilise your trademark in their titles. It volition also flag production images which bear your logo or marking.

Finally, because Amazon collects a itemize of all your products, information technology tin alert yous when a seller lists new products using your brand or logo. This allows you to easily pinpoint and distinguish betwixt unauthorized and authorized sellers..

Get Professional Legal Communication from a Trademark Attorney at Hartmans Law

If you take questions, schedule a consultation with a trademark lawyer at Hartmans Law, a Los Angeles based business firm that practices trademark law.

Filing for Amazon Brand Registry might seem like a hassle, but the benefits plan are extensive. Many active sellers experience infringement, and being proactive past getting into the brand registry will put you in a position to enforce your rights on the site with minimal endeavor. Waiting until unauthorized use puts y'all at a disadvantage, and the months of time it volition take to obtain a trademark registration can result in lost profits.

If y'all want support and guidance throughout your trademark registration, Hartmans Law is here to aid. The firm manages trademark portfolios on behalf of many active Amazon.com tertiary-political party sellers. The firm'southward master telephone number is +one (310) 954-8512.