5 Tips to Combat Brand Infringement on Amazon

We all know that for product-based businesses, selling on Amazon can be crucial in a competitive marketplace. But the rampant infringement of brands and product has led to consumer confusion, brand garnishment, and general chaos. Enter the Amazon Brand Registry.

The Amazon Brand Registry is a program designed by Amazon to help brand owners protect and manage their intellectual property rights and brand presence on the Amazon marketplace. It offers a range of tools and features that enable brand owners to control their product listings, prevent counterfeiting, and generally enhance their customer’s shopping experience. The main goal of the Amazon Brand Registry is to combat infringement by providing a platform for brands to maintain a strong and legitimate presence on Amazon while ensuring the authenticity and quality of their products.

To enroll in the Amazon Brand Registry, brands need to meet certain eligibility requirements. Arguably the most important is to possess a registered trademark for their brand or product.

But once the mark is registered, what are the steps brands should take to maximize brand registry ROI?

Here are five essential strategies to ensure the integrity of your brand and combat trademark infringement on the platform:

  1. Register Your Trademarks:
    Registering your trademarks is the first step in establishing legal ownership and exclusive rights to your brand name, logo, or slogan. This strengthens your position against potential infringers and enables you to take legal action if necessary, most importantly providing prima facie evidence of a valid mark and the opportunity to collect attorneys fees from infringers. Consult a trademark lawyer (we happen to know some great ones…) to ensure successful registration– because it’s now tougher than ever to get a mark through the USPTO.
  2. Monitor Your Brand Vigilantly:
    Regularly monitor your brand name, product names, and relevant keywords on Amazon to identify unauthorized sellers, counterfeit products, or listing infringements. Sometimes, this is called “policing” your brand. We suggest utilizing Amazon’s Brand Registry program and Google Alerts to set up real-time alerts to detect potential infringements promptly.
  3. Enforce Your Intellectual Property Rights:
    Take prompt action against trademark infringements. Engage an attorney to evaluate potential infringements and send cease-and-desist letters to infringing parties (including evidence of your trademark registration!). Many cases can be resolved through this initial step.
  4. Utilize Amazon’s Brand Protection Tools:
    Leverage Amazon’s Brand Registry tools, which offer powerful features like image search and global search for identifying potential infringements efficiently and seamlessly. Enroll in Amazon’s Transparency Program to assign unique codes to your products, enabling customers to verify authenticity. The Transparency Program ensures that only authentic units are shipped to customers. Whether fulfilled by Amazon or shipped directly by selling partners, products in the Transparency Program cannot be listed on Amazon or shipped without valid Transparency codes.
  5. Educate Your Customers:
    Empower your customers to distinguish genuine products from counterfeits by providing clear and comprehensive information about your brand, product features, and packaging details on your website and listings. Create informative product guides, instructional videos, and engaging social media content. For highly infringed goods, encourage customers to verify authenticity using specific markings, holograms, or unique codes assigned to each product.

By implementing these strategies, you can wage a solid defense in the war on infringement and counterfeits to safeguard your brand on Amazon, build trust among consumers, and combat trademark infringement. Need assistance? Email us!

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