Trademarks Registration for Amazon Sellers in 2023
Being an Amazon seller entails understanding the numerous elements involved in establishing a thriving business. Among these factors, safeguarding your brand stands as a crucial aspect, and one effective method for brand protection is acquiring a trademark.
By obtaining a trademark, Amazon sellers gain the opportunity to enroll in the Amazon Brand Registry, an initiative that provides access to advanced brand protection programs alongside a host of other advantages.
This article delves into the significance of trademarks for Amazon sellers, explores whether a trademark is necessary for selling on Amazon, outlines the process of trademark registration, and highlights the benefits associated with joining the Amazon Brand Registry.
What is a Trademark?
All types of trademarks are registered under the Trademark Act. A distinct symbol, slogan, word, or symbol that represents a particular product and legally distinguishes it from all other commodities is known as a Trademark. A trademark refers to a word, phrase, symbol, or design that serves the purpose of identifying and differentiating your products or services from those of others. It holds substantial value as an asset, aiding in the protection of your brand and acting as a deterrent against counterfeiting.
The process of registering a trademark safeguards your brand against unauthorized duplication. Furthermore, it prevents others from utilizing a similar mark for comparable goods or services, effectively averting any potential confusion among customers.
Why trademarks are important for Amazon sellers
There exist several compelling reasons why trademarks hold significant importance for Amazon sellers.
Protection against counterfeiting
To begin with, a trademark acts as a shield, enabling you to safeguard your brand against counterfeiters. Counterfeiters frequently employ unauthorized replicas of trademarks to market subpar or non-compliant products. By registering your trademark, you establish formidable barriers that make it harder for counterfeiters to operate. Moreover, in the event of infringement, you gain the ability to pursue legal action against such entities. For instance, if another seller were to “hijack” your listing and commence selling counterfeit items under your brand, it could potentially harm your reputation with negative reviews and customer complaints.
Brand recognition
A trademark also serves as a catalyst in building brand recognition. When customers come across your trademark on your products, they begin to associate your brand with distinct qualities such as quality, reliability, or value. This association facilitates attracting new customers and driving increased sales.
Amazon Brand Registry
Lastly, obtaining a trademark grants you the opportunity to register your brand with Amazon through the Brand Registry program. This program offers additional benefits and resources to enhance your brand protection efforts on the Amazon platform.
The Brand Registry offers Amazon sellers who have registered their brands with additional safeguards, along with access to advanced selling and advertising tools that are not available to non-registered brands. These exclusive benefits include A+ Content, Sponsored Brands ads, and participation in the Amazon Transparency Program, which further strengthens protection against counterfeiters.
Do you need a trademark to sell on Amazon?
A common query posed by new sellers is whether a trademark is necessary for selling on Amazon. The answer is no, you are not required to have a trademark in order to sell on Amazon.
However, it is important to note that if you intend to register your brand in the Amazon Brand Registry, a trademark becomes a prerequisite. If you are a brand owner and have introduced your own private-label products on Amazon, it is advisable to consider obtaining a trademark in the long run, especially if you have ambitions of expanding your brand in the future.
Nevertheless, during the initial stages of starting your Amazon selling journey, a trademark is not a mandatory requirement.
Can you sell trademarked products on Amazon?
A frequently asked question among new Amazon sellers is whether they can sell products from other brands on the platform. The answer is yes!
This practice is commonly known as retail arbitrage or wholesale, where you purchase products from established brands with the intention of reselling them for a profit. It is important to note that selling legitimate products, rather than counterfeit ones, is the key to complying with legal regulations.
While it is permissible to sell trademarked products, it is possible that some brands may not authorize you to sell their products on Amazon and may file a complaint with the platform. However, if you wish to pursue the reselling route, we recommend exploring the wholesale model. By working directly with the brands you intend to sell, you can source products more easily, obtain them at lower prices, and avoid potential issues with Amazon since the brand explicitly permits your selling activities.
How to register a trademark in India?
In India, trademarks are registered through the Indian Patent and Trademark Office (IPINDIA), and the registration process can be conveniently carried out on their official website.
Registering a trademark can involve complex procedures, so it is advisable to seek assistance from an experienced trademark attorney or a reliable trademark service provider, such as lawmitra.com or Trademarkwala.com, if you are not comfortable handling it on your own.
The initial step in the trademark registration process is to conduct a thorough trademark search to ensure that the desired trademark is not already in use. The IPINDIA website provides a platform for conducting such searches.
If the trademark is available, you can proceed by filing an application with the IPINDIA. The application should include essential details such as the trademark name, the goods or services associated with the trademark, a description of the trademark itself, and the date when the trademark was first used in commerce.
IPINDIA will review your application and make a determination regarding the registration of the trademark. Upon successful registration, you will be issued a certificate as proof of your trademark registration.
If you choose to engage a trademark attorney or a reputable trademark service provider, you can entrust the intricate process outlined above to the professionals, alleviating any concerns about managing the complexities yourself.
What is the timeline for obtaining a trademark?
The process of obtaining a trademark typically takes several months, and in some cases, it can extend up to a year before receiving approval from the USPTO. It is important to maintain patience throughout this period.
However, if you are seeking expedited access to the Amazon Brand Registry, we have a solution for you, which will be discussed further in the subsequent sections of this article.
What is the cost of trademark registration in India?
Opting for professional assistance to handle the trademark registration process is typically more convenient, but it should be noted that it can be relatively expensive.
If you choose to register the trademark yourself through the IPINDIA website, the minimum cost will be 5000/-. The total expense may increase based on the number of classes of goods or services included in your application.
Engaging the services of an attorney or a trademark service provider can cost you 6000/- or potentially higher, depending on various factors.
How to expedite trademark registration for Amazon Brand Registry
IP attorneys in India, as well as those from other jurisdictions, are likely familiar with the concept of “expedited examination of trademark applications” and the corresponding provision (Rule 38 of the Trademarks Rules, 2002). Form TM-63 is often indispensable when making a request for expedited examination due to the slower pace at which applications are typically examined by the Indian Trademark Office (although it should be noted that the examination time has significantly improved). However, the focus of this blog post is not the delay in examining applications, which I will address at a later time. Instead, I aim to discuss the actual usefulness of expedited examination and the areas where the Trademark Office may still have room for improvement in understanding its significance.
Steps to report trademark infringement in Brand Registry
If you have concerns about another seller using your intellectual property without authorization, you can take action by reporting the infringement through the “Report a Violation” or “Report Infringement” form available in Brand Registry.
To initiate the reporting process, follow these steps:
- As the rights owner or registered agent on the seller account, you are eligible to complete the appropriate form.
- Access your Brand Registry account and navigate to the “Protect” section.
- Locate the “Report a violation” option and select it.
- Provide the necessary details and complete the required information in the form.
- Submit the form to Amazon, and they will promptly address the reported infringement.
By reporting trademark infringement through the designated form in Brand Registry, you initiate the necessary actions to protect your intellectual property rights.
Have you secured a trademark for your Amazon business?
Trademarks hold substantial significance for Amazon sellers, as they offer brand protection, facilitate brand recognition, and unlock advanced selling features on the platform.
If you are committed to selling on Amazon and growing your brand, it is highly recommended to register your trademarks and enroll in the Amazon Brand Registry.
If you have further inquiries or require additional information regarding trademarks on Amazon please feel free to leave your questions in the comments section or call our customer care.
