Can I Enroll In The Amazon Brand Registry Without Trademark?

Selling your products online and on Amazon greatly expands your potential customer base. It also increases your risk of counterfeiters and knock offs, making brand protection essential. Having an active registered trademark and protecting your intellectual property by enrolling in the Amazon Brand Registry can be a huge step toward safeguarding your brand on the Amazon platform.

Amazon has stopped 2.5 million bad accounts from publishing questionable listings and blocked 6 million suspicious listings. The brands that are registered in the Amazon Brand Registry enjoy this protection and a 99% reduction in suspected infringements after joining. There’s a dedicated team of investigators that work 24 hours a day and seven days a week to stop potential infringers.

If you sell on Amazon, joining the registry is a smart way to protect your online business. However, you cannot enroll in the Amazon Brand Registry without a trademark. Having a trademark does more than enable you to register with Amazon. It also enhances your brand representation and lets you protect your brand and company goodwill from those who would seek to profit from it without your permission.

What is Amazon Brand Registry?

Amazon Brand Registry is a program designed to assist brand owners in safeguarding their intellectual property and enhancing the customer experience. This initiative offers access to robust tools that grant brand owners increased control over how their brand appears on the platform. These tools empower brand owners to report violations, manage listings more efficiently, and leverage advanced advertising and marketing features. Amazon Brand Registry is a complimentary program available to brand owners who possess a registered trademark for trademark protection.

Benefits of Enrolling in the Brand Registry

Joining the Amazon Brand Registry offers numerous benefits, particularly for brands looking to safeguard their brand identity and boost sales. The primary advantages include:

1. Greater Control Over Brand Representation: Brand owners can ensure their products are accurately represented on Amazon, reducing the risk of counterfeit or misrepresented items.
2. Ability to Report Violations: The program offers tools to easily report and take down listings that infringe on your intellectual property.
3. Enhanced Advertising and Marketing Features: Access to advanced advertising tools and analytics helps in creating more effective marketing campaigns. Improved product visibility can significantly impact sales by reaching a larger audience.
4. Improved Customer Experience: By maintaining the integrity of your brand and enhancing brand reputation, you can build trust with customers, leading to better reviews and increased sales. Brand integrity helps in establishing a reliable and consistent image, which is crucial for customer loyalty.

Amazon Brand Registry Trademark Guidelines

To be eligible to enroll in the Amazon Registry, you must have an active text or image-based trademark. A pending trademark application filed can also qualify for enrollment, especially if filed through the Amazon IP Accelerator. It also needs to be registered in the country where you want to register and be one of the accepted countries.

Only the brand owner can enroll a trademark. An authorized agent must have the owner enroll the brand first and then add the authorized user as an additional user.

Your registered trademark must be visible on either your product or its packaging. You’ll need to provide the trademark registration number that was issued to you upon registration. Additionally, you’ll need to specify to Amazon the product categories under which you plan to sell your brand and adhere to the trademark application process.

Eligibility Requirements

To enroll in Amazon Brand Registry, you need to meet specific brand eligibility requirements. Firstly, you must have a registered trademark. Additionally, you need to have a valid business name and address. Proof of trademark ownership is required, and you must agree to Amazon’s terms and conditions. These requirements ensure that only legitimate brand owners can benefit from the program’s protections and tools, with trademark verification being a crucial part of the process.

Eligibility and Enrollment Requirements

To join the Amazon Brand Registry, you must satisfy certain eligibility criteria. Here are the essential requirements:

1. Active Registered Trademark: You must have an active registered trademark in each country where you wish to enroll. This can be a text-based mark (word mark) or an image-based mark with words, letters, or numbers (design mark).
2. Trademark Owner: You must be the trademark owner or an authorized agent of the trademark owner. If you are an authorized agent, you should have the trademark owner enroll the brand first and add your account as an additional user.
3. Brand Approval: You must have brand approval from Amazon. This involves providing information about your brand, including your brand name, trademark number, and trademark owner information.
4. Pending Trademark Application: If you don’t have an active registered trademark, you can still enroll in Amazon Brand Registry with a pending trademark application filed through Amazon IP Accelerator.
5. Product Categories: You must indicate the product categories you intend to sell under your brand.
6. Trademark Registration Number: You must provide your trademark registration number, which was provided when you registered your trademark.
7. Image-Based Trademark: If your trademark is an image-based mark with words, letters, or numbers, you will need to upload a copy of the image exactly as it appears on your trademark record.
8. Brand Presence: Your trademark must appear on your products or packaging.

Can I Sell On Amazon Without Joining the Brand Registry?

Yes, you can sell on Amazon without joining the brand registry. However, it does come with a few risks. For sellers who do not possess a registered trademark, obtaining brand approval involves following specific steps to meet Amazon’s requirements. The most common risk is having your listings hijacked by the competition selling counterfeit or knock-off products, leading to potential brand infringement.

Another common problem is low-cost manufacturers selling a similar product at a reduced price. These two issues can result in category saturation. The only way to compete is with dramatic price drops to remain competitive. Additionally, increased marketplace competition can significantly impact pricing and sales.

Amazon Brand Registry Cost

Registering for the Amazon Brand Registry doesn’t require payment. However, you do need a trademark, and this will require you to pay costs, including trademark filing fees. The Amazon IP Accelerator can help expedite trademark applications by connecting sellers with respected IP law firms. Trademark registration fees can vary in cost, depending on the class of protection that you’re securing. Expect to pay $250 to $400 in filing fees to obtain your trademark.

You can only file one mark per application. If you have multiple marks, you’ll need to file an application for each one. For example, Nike would need to file an application for the company name “Nike”, one for its swoosh symbol, and a third for its slogan “just do it”.

The fee is also charged per class. So an application can be for a single trademark that represents multiple categories of goods. However, you’ll pay the filing fee for each class. There are also additional fees if your initial filing application isn’t complete and ready for review, adding to the overall cost of trademark registration.

How To Get A Trademark For Amazon Brand Registry

Your trademark protects your brand, which is the identifying mark that lets customers know where a particular product comes from. A pending trademark application can qualify a brand for Amazon Brand Registry, providing essential benefits even before full registration. The first step to applying for a trademark is to decide on your identifying mark. This should be done with care since not all trademarks are registrable for protection.

Once you’ve chosen your mark, perform a trademark search for similar trademarks. You won’t be able to register yours if someone else has already claimed a similar trademark for related goods or services. Starting the trademark application process early is crucial to securing your brand’s protection.

Prepare Your Application 

Create an account on the USPTO.gov website, fill out the trademark application form, and pay the trademark processing fee. Check your application status at least every six months to ensure you don’t miss a deadline.

Achieving a registered trademark is essential to become a registered brand, which can provide significant advantages in marketplaces like Amazon.

Approval or Denial 

When the USPTO approves an application, it gets published in the “Official Gazette” for trademark approval and sends you a notice. Anyone who believes that your new trademark infringes on theirs has 30 days to object.

The reviewing USPTO attorney may choose to issue a trademark denial instead of approving it. They can also ask for further clarification and documentation. This will extend the length of time the application process takes. Maintaining brand presence on Amazon is crucial, as it helps protect trademarks and ensures control over product visibility in the marketplace.

Timeline 

A trademark registration typically lasts for ten years, but it can be renewed indefinitely as long as it is actively used in commerce and the required maintenance documentation and fees are submitted to the trademark office. Keeping your trademark registration active is crucial for protecting your brand’s presence and visibility on platforms like Amazon. This ongoing protection is essential for brand owners, especially those participating in the Amazon Brand Registry, as it helps safeguard against potential infringements and ensures sustained control over their brand’s representation.

Trademark Registration Process

The trademark registration process is a crucial step in protecting your brand’s intellectual property and enrolling in the Amazon Brand Registry. Here’s a step-by-step guide to help you navigate the process:

1. Conduct a Thorough Trademark Search: Before submitting a trademark application, it is crucial to perform an extensive search to confirm that your chosen mark does not conflict with existing trademarks. Utilize the United States Patent and Trademark Office (USPTO) database to identify any similar trademarks.

1. Determine Your Trademark Type: Decide whether you want to register a word mark, design mark, or a combination of both. A word mark is a text-based trademark, while a design mark is an image-based trademark.
2. Prepare Your Trademark Application: Gather all the necessary documents and information, including your brand name, logo, and product categories. You’ll also need to provide a specimen of your trademark in use.
3. File Your Trademark Application: Submit your application to the USPTO or your country’s trademark office. You can file online or through a paper application.
4. Await Application Review: The trademark office will evaluate your application to confirm it meets all necessary criteria.
5. This process can take several months.
6. Respond to Office Actions: If the trademark office identifies any issues with your application, you’ll receive an office action. You’ll need to respond to these issues and make any necessary amendments.
7. Receive Your Trademark Registration: Once your application is approved, you’ll receive your trademark registration certificate. This certificate is proof of your trademark ownership.

By following these steps, you can successfully navigate the trademark registration process and protect your brand, making it eligible for the Amazon Brand Registry.

Amazon Brand Registry Enrollment Process

To enroll in Amazon Brand Registry, you need to complete three steps. First, sign in using your existing Seller or Vendor Central credentials. If you don’t have an Amazon account, you can create one for free. Next, provide the following information:

• Brand name
• Trademark number
• Trademark owner information

After submitting this information, Amazon will verify that you are the Rights Owner of the trademark and reach out to a contact that meets their requirements. This person will receive a verification code for brand verification, which you will need to send back to Amazon to complete the enrollment verification process. This ensures that only authorized individuals can manage the brand on Amazon.

Common Mistakes in Amazon Brand Registry Enrollment

Enrolling in the Amazon Brand Registry can be a complex process, and making mistakes can lead to delays or even rejection. Here are some common mistakes to avoid:

1. Insufficient Trademark Information: Make sure you provide accurate and complete trademark information, including your trademark registration number and product categories.
2. Incorrect Trademark Type: Ensure that you select the correct trademark type, whether it’s a word mark, design mark, or a combination of both.
3. Incomplete Brand Information: Provide all the necessary brand information, including your brand name, logo, and manufacturing information.
4. Failure to Verify Trademark Ownership: Amazon requires proof of trademark ownership. Ensure that you provide the necessary documentation to verify your trademark ownership.
5. Not Meeting Amazon’s Eligibility Requirements: Make sure you meet Amazon’s eligibility requirements, including having an active registered trademark or a pending trademark application filed through Amazon IP Accelerator.
6. Not Providing a Valid Trademark Registration Number: Ensure that you provide a valid trademark registration number, which can be found on your trademark registration certificate.
7. Not Uploading Required Documents: Amazon requires specific documents, such as a trademark registration certificate and a specimen of your trademark in use. Ensure that you upload all the necessary documents.

By avoiding these common mistakes, you can ensure a smooth enrollment process and successfully register your brand in the Amazon Brand Registry.

What If My Trademark Is Pending?

If you would like to join the Amazon registry with a pending trademark application filed, it’s by invitation only in the United States and India. To join the pilot program, you need to register your interest by joining the waitlist.

For consideration, you’ll need to have a pending trademark registration in the US or India, an active Amazon Seller Central or Vendor Central account, and not already be enrolled in the Brand Registry with a registered trademark. The Amazon team will review your request and contact you when you can start your Brand Registry application.

Alternative Solutions for Brand Protection Without a Trademark

While having a trademark is highly recommended for Amazon sellers, there are alternative solutions for brand protection without a trademark. These solutions can provide some level of protection and benefits, but they may not be as comprehensive as having a registered trademark.

1. Branding Consistency: Ensure that your brand is consistently represented across all platforms. Use the same logo, colors, and product descriptions to establish a strong brand identity that customers can recognize and trust.
2. Unique Product Packaging: Invest in distinctive and creative packaging for your products. Unique packaging can help differentiate your products from competitors and make them more memorable to customers.
3. Customer Reviews and Feedback: Encourage satisfied customers to leave positive reviews and feedback. High ratings and good reviews can enhance your brand’s reputation and deter counterfeiters from attempting to replicate your success.
4. Enhanced Brand Content: Utilize Amazon’s Enhanced Brand Content (EBC) or A+ Content to create visually appealing product listings. Although this feature is primarily available to brand-registered sellers, leveraging similar strategies on other platforms can help improve your brand’s visibility and appeal.
5. Social Media Engagement: Actively engage with your audience on social media platforms. Building a strong social media presence can increase brand awareness and loyalty, making it harder for counterfeiters to undermine your brand.
6. Monitor Listings: Regularly monitor your product listings and search for any unauthorized sellers or counterfeit products. Promptly report any infringements to Amazon to protect your brand.
7. Partnerships and Collaborations: Partner with other reputable brands or influencers to increase your brand’s credibility and reach. Collaborations can also help you tap into new customer bases and strengthen your brand’s image.

By implementing these strategies, you can bolster your brand’s protection and establish a strong presence in the market, even without a registered trademark.

Experienced Amazon Intellectual Property Attorneys

The application process for obtaining a trademark is an expensive and lengthy one. It’s highly advisable to hire an experienced trademark attorney to assist you. Additionally, the Amazon IP Accelerator can help expedite the trademark registration process by connecting you with respected IP law firms, making it easier to enroll in the Amazon Brand Registry. This will help you avoid many pitfalls that people fall into when they are inexperienced with trademark registration.

Your attorney will perform the necessary searches to prevent you from attempting to register a trademark that infringes on another. They will also provide trademark legal assistance with preparing your application so that it’s complete, avoiding additional fees. Finally, they can represent you should you need to appeal a denial or defend a claim of infringement.

After you have your trademark, your attorney can assist with defending your trademark protection and ensuring you retain your trademark through timely renewals.

Building a Strong Amazon Brand

Building a strong Amazon brand is crucial for any seller looking to establish a successful online presence. Effective brand control can help increase customer trust, drive sales, and ultimately, grow your business. In this section, we will discuss the importance of building a strong Amazon brand and provide tips on how to achieve it.

Become Eligible for The Amazon Brand Registry

If you’re ready to start selling on Amazon, you can do so without needing to enroll in the Amazon Brand Registry. However, enhancing your brand presence on Amazon is crucial for maintaining brand control over your products and visibility in the marketplace. Registering a trademark enables you to register with the Amazon Registry and provides you with an extra layer of protection. Schedule a free consultation today and let our team of experienced lawyers help you register your trademark.

Choosing the Right Trademark Attorney for Your Amazon Business

Selecting the right trademark attorney is crucial for securing your brand on Amazon. A skilled attorney can expertly navigate the trademark registration process, ensuring your brand is protected and ready for growth. At The Rapacke Law Group, we offer the RLG Guarantee, which provides peace of mind and underscores our confidence in delivering successful trademark registrations.

Why Choose The Rapacke Law Group?

1. Expert Guidance: Our attorneys are specialists in trademark law with extensive knowledge of Amazon’s requirements. We guide you through every step, from conducting comprehensive searches to filing precise applications.
2. Comprehensive Support: We offer full support throughout the trademark registration process, ensuring your application is complete and minimizing the risk of additional fees and delays.
3. RLG Guarantee: We promise to get your trademark approved, or you pay nothing. If your trademark is rejected, we will issue a 100% refund—no questions asked. This guarantee reflects our confidence and commitment to securing your trademark. With our RLG Guarantee, you benefit from:
   • FREE Strategy Call: Schedule a free strategy call with our trademark concierge team to discuss your needs.
   • Experienced US Attorneys: A seasoned US attorney will manage your trademark registration from start to finish.
   • Transparent Flat-Fee: Pay one flat fee that covers the entire trademark application process through publication, including office actions.
   • Unlimited Office Action Responses: Receive unlimited responses to office actions as part of our comprehensive service.
   • Full Refund: If the USPTO denies your trademark application, we provide a full refund.
   • Registerability Assurance: If your brand faces registerability issues, choose between a full refund or additional searches.
4. Defending Your Trademark: Beyond registration, we provide ongoing support to defend your trademark rights. Whether it’s renewing your trademark or addressing infringement issues, our attorneys are here to protect your brand.

Schedule a Free Trademark Strategy Call

Take the first step towards protecting your Amazon brand by scheduling a free trademark strategy call with our team. During this call, we’ll discuss your brand’s unique needs and outline a tailored strategy to secure your trademark. Contact us today to learn more about how we can help you build a strong Amazon brand and safeguard your business’s future.

By partnering with The Rapacke Law Group, you can ensure your brand is protected and positioned for success on the Amazon platform.