One of the more common questions that we get asked is about trade mark registration and infringement on Amazon, the popular online marketplace. As one of the most visited websites in the world and the biggest e-commerce site, Amazon offers various methods of reporting and dealing with trade mark infringement which we will discuss in this post.
Sellers rights on Amazon
As a seller, Amazon doesn’t automatically give you exclusive rights over a name or logo which you use as your brand. If you want to protect your brand name or logo on Amazon, you have to register it as a trade mark in the country you sell your goods in through Amazon. If you were selling your goods on Amazon UK, you will need to register your trade mark in the UK to enforce its protection.
How would you deal with trade mark infringement on Amazon?
If you come across another seller who is using an identical or even similar brand on Amazon, you can report trade mark infringement on Amazon using their ‘Report Infringement’ page. However, you need to have a registered trade mark in order to be able to use this reporting tool.
Amazon would review the matter based on the information you provide and make a decision. If there is a clear case of trade mark infringement, Amazon would remove listings of the company infringing on your trade mark, and in some cases remove the entire account. It is up to you to provide the relevant information and we would recommend that you use a trade mark attorney as they would make a better case for you. For this reason, Amazon allows ‘agents’ to report an infringement on their website.
Can brands which do not have a trade mark, do anything against infringement on Amazon?
Without a trade mark, your options are limited to non-existent. You can try to enforce your brand protection using unregistered trade mark rights, but you will need to prove goodwill and reputation in the marketplace. This can be difficult to prove and costly.
Our recommendation is to start the trade mark registration process so that you are able to protect your brand on Amazon.
What is Amazon Brand Registry?
Amazon considers trade mark infringement a serious matter and they have taken steps to help support sellers in protecting their brands. The Amazon Brand Registry is a utility offered by the company to help sellers manage and protect their trade marks on Amazon. To register for this, you will need a registered trade mark to be able to gain the benefits offered by this service.
To understand Amazon Brand Registry in more detail, you can read the in-depth post written by Jungle Scout discussing the registry.