Amazon Brand Registry: What You Need to Know!

Introduction to Amazon's growth and new program

Near the end of July, the online behemoth’s shares were trading upwards of 40% year to date. Coming on the heels of Amazon’s announced acquisition of Whole Foods, and if the deal is approved by US regulators, the stock could be poised to double to a valuation of nearly $2000 a share. This shift firmly places Amazon in the race to become the first company valued at over a trillion dollars - a contest being fought by Amazon, Apple, and Alphabet (Google).

Requirements for the program

In order to enroll in Amazon’s new brand registry, you or your company needs to be the owner of a federally granted “standard character trademark” on the Principal Register. The Principal Register is a federal registry run by the United States Patent and Trademark Office. Registration on the Principal Register allows the registrant great procedural and presumptive benefits in infringement law suits.

Additionally, registration on the Principal Register puts third parties on notice that your brand is currently being used and that a violation of your intellectual property rights may elicit legal hostilities from you or your company. Principal registration also affords you the right to use the ® symbol next to your brand.

Here are the requirements:

- The trademark must be registered in order to be on Amazon’s Brand Registry. Merely having submitted a recent trademark application with the USPTO is insufficient.

- Your trademark must be registered for use with goods. If you are only offering services under your mark you cannot enroll in the Amazon Brand Registry.

- Amazon requires enrollees to upload images of the products displaying the trademark. Your trademark must be printed on your products and/or the product packaging. If the trademark does not actually appear on the products themselves, the trademark must be placed on the product packaging.
- If your product uses a logo, Amazon requires you to upload a digital image of that logo.

- You will also need to list of the types of goods protected under the trademark and provide a list of the countries in which the products are manufactured and distributed.

- Amazon also requires you to provide a working website link that shows your branded products and trademark. Also, you need an official email address.

- Furthermore, you need to provide Amazon with a Unique Identifier for your products. Unique Identifiers are things like Catalog Numbers, EAN (European or International Article Number), JAN (Japanese Article Number), Manufacturer Part Number, Model Number, Style Number, UPC (Universal Product Code).

After you have completed your online enrollment form, Amazon will email a code to the official email listed on your trademark registration. If you have retained counsel who receives your email communications from the USPTO, you will need to get the code from them. Only after you have entered the code into Amazon’s system will your enrollment application proceed.

Reenrollment

If your brand was previously registered on Amazon’s registry prior to April 30, 2017, you will need to re-enroll on the new system. As long as you meet the requirements for registration on the new Amazon Brand Registry, you should certainly apply for the new program. If you do not meet the new requirements you cannot re-enroll in the new system.

Benefits of Enrollment

After enrollment, Amazon will provide the registrant “access to powerful tools including propriety text and image search, predictive automation based on your reports of suspected… violations, and increased authority over product listings with your brand name.” 

Although Amazon does not require sellers to be listed on the registry to report potential brand infringement (you can do so via www.amazon.com/report), being on the registry gives you greater and expedited violation report review. This is perhaps the greatest benefit of the registry. 

The quicker you can take down counterfeiting and infringing products from the marketplace, the less of an impact the sale of fraudulent goods will have on your brand and company’s reputation. Being on the registry also provides more control over product page details - things like product specifications, product images, and the title of the product.

If you have a registered United States trademark, and you are selling products protected under the mark on Amazon, you should certainly take the time to enroll in the Amazon Brand Registry.

Conclusion

Amazon's growth and new program have positioned the company to potentially double its stock value and become the first trillion-dollar company. To enroll in Amazon's brand registry, you need a federally granted trademark on the Principal Register. Registration offers benefits in infringement lawsuits and allows you to use the ® symbol. 

Requirements include having a registered trademark for goods, displaying the trademark on products or packaging, providing a working website link, and a unique identifier for products. Reenrollment is required for brands registered before April 30, 2017. Benefits of enrollment include access to powerful tools, increased authority over product listings, and expedited violation report review.