Doing Business in the Era of Covid-19
Covid-19 has wrought damage and trauma to global economic markets in ways that are even now, incomprehensible. However, as physical locations of business shut down, web-based businesses are on the rise and Amazon in particular has seen a massive increase in usage from both producers and consumers alike. Amazon is powerful not only because of its capacity to reach end-users but because of its admirable commitment to protect sellers from fraudulent name-takeovers and infringement. This article will consider the Amazon Brand Registry program and its interface with Trademarks.
What is a Trademark?
A trademark may be a name, logo, or slogan that is tethered to a good/service and sold in interstate-commerce. ROLEX, is an excellent example of a trademark; when a consumer sees the word “Rolex” on the dial of a watch, he/she immediately understands that the Rolex corporation has made that watch and the buyer is therefore, in theory, more likely to spend thousands of dollars on the watch as a function of the positive beliefs associated with the Rolex brand. In order to obtain the broadest level of trademark protection, one must apply for the trademark in the United States Patent and Trademark Office (USPTO).
What is the Amazon Brand Registry?
The Amazon Brand Registry is a service the online retailer makes available to trademark owners so they can protect the integrity of their trademarks and the items being sold that are associated with those trademarks. Once entered into the Amazon Registry, a trademark owner can quickly identify sellers using the branded trademark illicitly, and Amazon can take prompt action to delist the inauthentic items. Thus, trademark owners registered with the Amazon Registry have a massive advantage when they dispute a third party’s misuse of their trademark in the Amazon marketplace.
How Do Products Get Listed on the Amazon Brand Registry?
The first step to be listed in the Amazon Brand Registry is to produce proof of an active registered trademark. A trademark owner with active trademarks in multiple countries must submit proof that the trademark is active in each country. For instance, if the United States Patent and Trademark Office (USPTO) has issued trademark protection for a pair of sneakers, the trademark owner can list those sneakers with the Amazon Registry for the United States.
There are two types of trademarks: the Standard Character Marks (Word Marks) and Special Format Marks (Design Marks). To be included in the Amazon Brand Registry in the United States, a trademark can be either a word or design mark — but any design mark must include numbers, letters or words. A design mark without numbers, letters or words will not be added to the Amazon Brand Registry in the United States. A design mark without numbers, letters or words is ineligible for Amazon Brand Registry In the United States. Amazon is expanding the list of countries eligible for inclusion in the Brand Registry. At present, in addition to members of the European Union, the following countries can use the Amazon Brand Registry: Australia, Brazil, Canada, France, Germany, India, Italy, Japan, Mexico, Spain, the United Arab Emirates, the United Kingdom, and the United States.
What Information Does Amazon Need to Approve a Brand Registry Application?
Amazon will need the trademark registration number and the government office that issued the trademark. Amazon will conduct its own due diligence to ensure the trademark in the application matches the trademark granted by the government office. Next, Amazon will need to categorize the applicant as a vendor or a seller, and may require the contact information for an attorney who guarantees the applicant is the owner of the trademark. Here, Amazon will send a confirmation email to the attorney on file with a special code that must be forwarded to the applicant and subsequently provided by the applicant to Amazon. Finally, a list of product categories for the branded goods, and the countries where they are manufactured and distributed must accompany any application for the Amazon Brand Registry.
Amazon Approved the Brand Registry Application. What Happens Next?
Trademark owners listed on the Amazon Brand Registry can conduct a search of Amazon’s marketplace to find any products listed on the site that matches the product or logo protected by trademark. The Brand Registry Support Page is where goods and trademarks can be uploaded or modified. Once enrolled, the trademark owner can conduct a global search using search terms to find product listings that match the protected product or logo. Product URLs can be recorded for any products infringing on the trademark and reported to Amazon for investigation. Amazon investigates allegations that a product is using the trademark improperly or without the authorization of the trademark owner.
Can Consumers Use Amazon’s Brand Registry?
Anyone can check the Brand Registry by logging into their Amazon account and clicking on the Brand Registry Support Page. A person can report trademark infringement to Amazon whenever fraudulent use of a trademark is suspected. For example, a consumer may report a product advertised as a designer brand, but when received, the product was not affiliated with the trademark owner. Trademark misrepresentation is most common in the clothing and accessories shopping categories. Consumers can report infringement here: https://www.amazon.com/report/infringement.
Covid-19 Cannot Break the American Spirit
Covid-19 may have forced physical businesses to close but virtual businesses are rapidly emerging. Entrepreneurs must strive to pivot according to the ebbs and flows of market-realities, working to develop new streams of income that are protectable and sustainable. If you do intend to sell online, Amazon may very well be a lucrative proposition. Finally, protect your brand name with a trademark. Your brand is everything — don’t let anyone take it from you.
