The Amazon trademark registration - tips from the lawyer

With Amazon Brand Registration, you obtain additional protection for your products or service on the Amazon marketplace.

This registration does not replace the trademark registration at the German Patent and Trademark Office (DPMA).

Amazon only registers trademarks that have previously been publicly registered with the DPMA.

Content

1. Is the Amazon trademark registration 'duplicated'?
2. Trademark registration with Amazon offers protection on the online marketplace
3. What information does Amazon need for trademark registration?
4. What falls under Amazon trademark protection?
5. What are the specific benefits of Amazon brand registration?
6. Conclusion

1. Is the Amazon trademark registration 'double'?

Buyers love brands. The brand signals trust, consistency, quality. Trademarks keep prices stable and sometimes develop an enormous attraction. That is why the decision to register a trademark with the DPMA is a wise one.

With it, you acquire the exclusive right to use your trademarked products or services. For this reason, many retailers wonder whether it is necessary to obtain a trademark registration with Amazon.
Does the principle of 'double is better' apply?

Or are there special advantages for the brand resulting from the amazon-specific registration?

2. Trademark registration with Amazon offers protection on the online marketplace

Amazon has created its specific brand protection along the special rules that prevail at the online retailer.

The conclusion right away: A trademark registration with Amazon makes sense, because a registered trademark without Amazon registration can suffer damage on the marketplace.

The reason for this is the ASIN, the Amazon Standard Indentification Number. On many other online marketplaces, each merchant creates an individual description for their product. Not so with Amazon.

The American company creates clarity on its gigantic trading platform with the ASIN. Each product has an ASIN and a listing.
Every retailer who carries the product in his offer attaches to the ASIN. This can lead to problems.

Let's illustrate the problems with the Amazon ASIN with an example. You have developed a kitchen appliance and registered it as a trademark at the DPMA. Now you want to use the huge Amazon trading platform for marketing.
So create a description including accessories. Amazon assigns an ASIN to your product. Over time, other retailers who have your product in their portfolio attach themselves to this ASIN.

Some of them don't take your listing very seriously. They leave out accessories.

Another offers a cheap imitation of your original product under the ASIN. The dissatisfaction of the disappointed buyers is directed against you as the initial retailer. Your product suffers damage.

You cannot avert this damage by registering a trademark with the DPMA. Only an Amazon trademark registration will help here.

3. What information does Amazon need for trademark registration?

Not every merchant can simply register any product with Amazon. To perform an Amazon trademark registration, the following information must be provided to the operator:

• First of all, the information about the registration of the trademark must be communicated. This means that you must first go to the DPMA and apply for the trademark so that it is also a registered trademark. The professional accompaniment of this procedure by a lawyer for trademark law leads to a timely result.
• The active registered trademark name must be on the packaging or product. Each registered trademark receives a state-registered number from the trademark office. However, Amazon only accepts the trademark numbers of a small number of trademark offices. In addition to Germany, these include France, Italy, Spain, Sweden and the Netherlands in Europe. Likewise, registration as an EU trademark is recognized.
• In addition to the brand name and brand number, the Amazon registration requires a list of categories in which the branded product is to be listed.
• Furthermore, the online retailer wants a list of countries where the branded product is produced and sold.
• And lastly (if you are a brand owner but not a merchant), Amazon requires the contact address of an attorney to confirm your identity.

If these requirements are all met, there is nothing standing in the way of Amazon trademark registration.

4. What is covered by Amazon trademark protection?

The protection of a trademark registration at Amazon covers word marks as well as word/figurative marks. Pure figurative marks can be protected as EU Trademarks.

Not covered by Amazon trademark protection are all books, videos, music recordings, other data carriers and collectibles.

For Amazon brand registration, you fill out an online form. After the verification process, the person you specify will receive the verification code.

All trademarks registered with Amazon before April 30, 2017, must be registered again in the newly established system.

5. What are the specific benefits of Amazon brand registration?

An Amazon brand registration prevents third parties from attaching to your branded products.

Amazon provides tools for all trademark registered participants to monitor and report trademark violations. In addition, as a registered trademark owner, you have the right to modify information about the product.

For more attractive presentation of the branded product and its environment, Amazon enables advanced image and video features.

In addition, Amazon gives brand-registered participants the opportunity to open their own brand stores (Brand Stores), which deepen the brand experience.

A support team is available around the clock to report violations of trademark law.

6. Conclusion

In the context of the special Amazon trading conditions, an Amazon trademark registration makes sense. The prerequisite remains the registration of the trademark at the German Patent and Trademark Office.

For questions and problems concerning trademark registration at the DPMA, it is advisable to consult a specialist attorney.

The legal specialist ensures a speedy and targeted enforcement of the registration procedure.

He aligns the filing strategy with the Amazon trademark registration and acts as the contact person at Amazon if requested.

For all legal questions and infringements, such as the unauthorized attachment to your branded product or the distribution of counterfeit products, the specialist lawyer will provide you with competent support. Brands need a strong partner.

image source: Aleksandar Stojanov | Panthermedia