West Palm Beach
What is the Amazon Brand Registry? Amazon.com has recently created a private trademark brand registry to assist trademark registration owners in protecting their intellectual property present on their website. However, the qualifications for "registration" in Amazon.com's registry is different from the USPTO, and are more likely to change in the future.
What is Allowed on Amazon's Brand Registry. The following types of trademarks qualify:
Standard Character Trademarks
Designs accompanied by words, letters, or numbers
Words, letters, or numbers in a stylized form
What is Not Allowed on Amazon's Brand Registry. Design-only trademarks are not eligible on Amazon's Brand Registry. Additionally, no trademarks registered on the Supplmental Register are allowed on Amazon's Brand Registry without a showing of acquired distinctiveness.
Risks of Not Having a Federal Trademark Registration on Amazon.com. While it is inadvisable to use a trademark without federal protection in any event, it is especially perilous to do so on Amazon.com. Many or our clients have had one or more of the following occur due to a lack of control over their trademark:
Someone submits an infringement claim against your trademark that you own
Someone else has registered a trademark for the same ASIN and prevents you from selling your goods or services
Someone hijacks your Amazon.com listing, and sells counterfeit products under your trademark name
Someone files for and obtains a trademark registration that you actually used in commerce first