Amazon Brand Registry and Trademarks: Why Amazon Sellers Are Filing Trademarks (And Why Many Get It Wrong)

Amazon has evolved into a sophisticated ecosystem, where brand ownership can have a direct effect on a seller’s ability to compete. For online sellers, features like Amazon Brand Registry, Amazon Storefronts, A+ Content, Sponsored Brands advertising, and increased listing protections have made trademark registration more important than ever.

Consequently, in recent years there has been a huge increase in trademark applications filed by Amazon sellers. Many business owners know that they may need a trademark to access Amazon’s brand-related tools, but few understand the difference between a branded product and a generic product. That distinction has grown more important as Amazon has cracked down on brand ownership and listing accuracy.

We frequently advise Amazon sellers about trademark registration, intellectual property protection, eligibility of Amazon Brand Registry, and disputes involving online marketplaces. One of the most common misconceptions we encounter is that a trademark registration guarantees a seller automatic rights to all benefits that come with their brand on Amazon, no matter how the products are marketed and sold.

What is the Amazon Brand Registry?

The Amazon Brand Registry is intended to give brand owners more control over their presence on Amazon. Enrollment can give you access to better content, storefronts, sponsored advertising opportunities, brand analytics, and tools to fight counterfeit products and listing hijacking.

For many businesses these benefits can greatly increase visibility and sales. So, obtaining a trademark registration is often regarded as a necessary step in creating a successful Amazon business. Often, sellers contact our office after learning that they may need to establish ownership of a trademark to edit listings, build branded storefronts, or take advantage of advanced advertising features.

Before you file a trademark application, we suggest you read our guide on Trademark Applications and Registration.

The Critical Difference Between Generic and Branded Products

One of the most under-discussed issues in the Amazon ecosystem is the distinction between true branded products and generic products. This may seem like a simple concept, but it’s often what confuses sellers who are trying to navigate Amazon’s policies.

Generic product is a product that does not identify a particular commercial origin. The product may work, and it may be legal to sell, but it does not have a trademark that consumers recognize indicating the source of the goods. This category includes many replacement parts, accessories, commodity products and unmarked consumer products

A branded product, by contrast, has a trademark which is used as a source identifier. The consumer that sees the product knows that the trademark identifies the company responsible for the product. Typically the trademark will be on the product, the packaging, marketing materials, or some combination.

The importance of this distinction is that Amazon is increasingly concerned whether the seller’s purported brand is, in fact, functioning as a brand in the marketplace. Just because you put a product on a listing doesn’t give you trademark rights and just because you file a trademark application doesn’t make a product that is otherwise generic into a branded product.

For additional background regarding trademark rights, see our article on what constitutes a trademark and how trademark rights are established.

Why Are Amazon Sellers Filing More Trademarks than Ever?

Most Amazon sellers see trademarks as a defensive weapon against counterfeiters and copycats. Of course, trademark protection serves that purpose. But the reality is that Amazon’s platform is increasingly incentivizing sellers to establish legitimate brand ownership.

If the seller does not have a recognized brand, he may be limited in expanding his footprint on the platform. Listing control, storefront creation, enhanced advertising features and some brand protection tools may be unavailable or significantly limited. Hence, the registration of trademarks is not regarded as a legal asset only. For many online businesses it’s an operational necessity.

The problem is that the sellers only focus on getting a registration and do not look at the basic legal requirements that determine who owns a trademark. A trademark should be a brand that’s actually being used in commerce, not a filing to meet a platform requirement.