According to Amazon, “Enrolling in Brand Registry unlocks a suite of tools designed to help you build and protect your brand, creating a better experience for customers.” While this may be true, brand registry does have its limitations, and even with the right tools, only those with the most experience and skill navigating Amazon’s brand registry platform will be most successful enforcing their intellectual property on the Amazon platform. Rosenbaum Famularo and Segall has been helping brands and Amazon sellers navigate the Brand Registry platform since its inception and through all major developments, changes and the implementation of Brand Registry 2.0, A+ content, sponsored brands, Amazon Stores, and Amazon Brand Analytics. From reporting violations and submitting reports of infringement to listing optimization, our experience with Amazon’s Brand Registry is World Class and has been made possible by our relationships helping hundreds of brands enforce their intellectual proprietary rights on the Amazon platform.
Amazon’s Brand Registry requires brands to have a pending or registered and active text or image based trademark. Brand registry eligibility is country specific as each nation has its own intellectual property office that issues trademarks. In the United States, Brand Registry allows brands to register that have either an active US Trademark registration or a trademark that is active and pending registration with the United States Patent and Trademark Office (“USPTO”).
Only the trademark owner can submit an application for Amazon Brand Registry access. If you are a representative of the trademark you should not enroll the brand in Brand Registry. Instead, the brand owner can later authorize your Amazon account to access Brand Registry as an “Authorized Agent.” The trademark owner can login to BrandRegistry.Amazon.Com using their Amazon account credentials to submit their application. Once signed into Amazon’s Brand Registry, the trademark owner will need to provide the following information:
After the Trademark owner provides this information, Amazon will engage in a verification process to ensure that someone with authority is applying for Brand Registry access with proper authority to do so. Amazon accomplishes this by contacting the correspondent on file with the USPTO associated with the trademark registration or application number. When the verification process is complete, Amazon then will provide the brand owner with access to Brand Registry and all of its features.
Brand Registry provides a suite of tools to Brand owners to protect and optimize their sales on the Amazon platform. As with all of our enforcement efforts, the team at Rosenbaum, Famularo & Segall strives to ensure brand registry is used “the right way” to effectively enforce and protect our client’s rights. The Amazon Brand Registry “Report a Violation” tools provide valuable options for rights owners to remove infringing offers from Amazon. However, these tools are ripe for abuse and must be used responsibly and inline with the law. We always recommend Brands work closely with a law firm well versed in Amazon policy compliance and intellectual property to ensure their interests are well protected when enforcing claims on the Amazon platform.
In addition to the natural effectiveness of using the “Report a Violation” tool in Amazon Brand Registry, there are many other effective means for enforcing claims for brand owners on the platform as well. One of the most common reasons brands seek our services is because they are tired of playing the “whack-a-mole” game with infringing sellers. If sellers submit inaccurate or fraudulent information to Amazon and continue to sell infringing products, Brand Registry also has an “escalation” feature allowing rights owners to submit additional evidence, including attachments to Amazon to support their claims. These types of submissions are harder for sellers to appeal and are quite effective against even the most sophisticated infringing third party sellers. No law firm on earth is able to combine our unique knowledge of the law and Amazon Brand Registry in a way that commands such impressive results for every client we work with.
Amazon’s Brand Registry also allows brands to maximize their brand presence on the Amazon platform. The brand owner can associate Amazon Seller Central accounts with their brand registry to ensure that only authorized parties can create and edit listings for their products. Brand Registry also provides access to Amazon’s A+ content and brand store pages. This allows brands to uniquely market and advertise their products to their consumers on the Amazon platform on their own pages, but more importantly, without the interference of unauthorized sellers or sellers who do not have authority to edit the brand’s content.
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