July 21, 2022
Amazon brand registry and Trademark
What is Amazon brand registry?
Amazon Brand Registry is a service that assists brand owners in protecting their intellectual property and product content on Amazon. The most significant advantage of the program for manufacturers is the direct influence on their detail pages/listings. It also provides registered Amazon sellers with a plethora of optimization tools.
Documents required for Amazon brand registry in India-
A current registered or pending trademark, which can be text-based or image-based.
- A prominent image of the brand’s logo.
- A Principal Trademark Registration or Serial Number issued by the government.
- Images of your products and packaging showing trademark.
- The product category (or list of product categories) in which your brand should be listed.
- A country-specific trademark registration number, depending on where you intend to sell on the marketplace.
Benefits of registering a amazon brand registry -
- Greater control over product detail pages (such as titles, product descriptions, and images).
- The ability to provide advanced seller support.
- Access to machine learning-based predictive automation.
Eligibility requirements for Amazon brand registry-
To be eligible for Amazon Brand Registry, your brand must either have an active registered trademark in each country where you want to enroll or a pending trademark application filed through a registered Trademark Attorney or by self. Brand Registry also accepts brands with pending trademark registrations in a subset of trademark offices (see country-specific requirements section). Your brand’s trademark must be a text-based mark (word mark) or an image-based mark with words, letters, or numbers (device mark
Process of registering a brand
Sign in to Amazon Brand Registry
Applications for the Brand Registry must be submitted by the trademark owner. Please have the trademark owner enroll the brand first, and then add your account as an additional user if you are an authorized agent. Sign in with your existing Seller or Vendor Central credentials if you meet the eligibility requirements. Using the same username and password grants access to Brand Registry features and benefits associated with Vendor and Seller services.
Enroll your brand
Your brand name with an active registered trademark; your brand’s active registered trademark must appear on your products or packaging. The Intellectual Property Office’s Online trademark registration number. No application numbers will be accepted. A list of product categories (for example, clothing, sporting goods, and electronics) in which your brand is present.
After you submit this information, they will verify that you are the trademark’s rights owner and look for a contact who meets our criteria. This individual will be given a verification code. To complete the enrollment process, you must return this code to Amazon.
Once they have verified the provided information, you will have full access to the Amazon Brand Registry’s benefits and features that will assist you in protecting your brand.
How trademark registration can help you in Amazon brand registry-
The more information you provide to Amazon’s Brand Registry organization about your brand and its intellectual property, the better Amazon can help you protect your brand.
Register your Trademark
Amazon brand registry trademark infringement/unauthorized use-
Many different versions of the same product are frequently sold on Amazon by numerous companies, with varying degrees of quality and reliability. Other parties can try to persuade customers to buy their products instead of yours in a variety of ways. Some sellers may try to sell competing goods by using your company name or trademark. This can include recreating and selling something that has a similar appearance or name. Customers may believe they are purchasing your product when, in fact, they are purchasing an inferior knockoff or mappers. This results in customer dissatisfaction and negative reviews.
The Report Infringement form on Amazon is designed for intellectual property owners and their agents to use to notify Amazon of alleged intellectual property infringements such as copyright and trademark concerns. Amazon will not be able to process complaints submitted through this form if you are not the owner of intellectual property rights or their agent. Please report your concerns to Amazon Brand Registy via the following channel:
- Sellers can use this Report Infringement formto report inappropriate listings, other sellers, policy violations, and other issues.
- Buyers can use this Report Infringement form to report order problems, seller policy violations, and so on.
Role of an attorney in this problem-
Parties may believe your actions are illegal. You may legitimately own a trademark and be accused of infringing on the rights of others—and they may ask you to stop using your name or brand.
Infringement claims should never be ignored because they can quickly escalate. If an infringement is alleged, you may receive notification that Amazon has removed your items, and you may even be banned from the website as a seller. We understand that every day can mean lost revenue in these situations.
An attorney can examine the claims against you and determine:
- Whether you had prior use rights to the trademark.
- Whether the trademarks or goods and services are sufficiently distinct or unrelated to constitute infringement.
- The validity of any trademark registration at issue.
Even if you are certain that you did not infringe on the trademark of another party, you must still resolve the complaint with Amazon. A counter-notice to Amazon is sometimes the appropriate response.
Related Article :- Remove Hijackers on your Amazon and Flipkart Listings
Frequently asked questions:
Yes. The active registered trademark for your brand has to appear on your products or packaging.
It usually takes around 2 to 10 days for Amazon to validate all the information received and activate the brand registry account.
No, it is not compulsory to have your trademark registered in order to sell on Amazon/Flipkart, but it is advised to get trademark to avoid brand hijack.
Naseem Sheikh is a trademark enthusiastic and has been practicing intellectual property law for close to six years.
April 14, 2022
Trademark Registration for E-Commerce
Trademark Registration for E-Commerce
E-commerce refers to the trend of purchasing and selling items through the internet. E-commerce enterprises, on the other hand, are not required to register their trademarks. However, an e-commerce retailer should file for registration to get intellectual property rights to achieve a competitive advantage. People prefer to buy your things online or invest in your business if you have a registered trademark. This article will apprise you of how trademark registration for e-commerce can benefit your Business.
Trademark for E-Commerce in India
Trademarks are critical in the commercial world. They’re there to keep you and your brand safe. Your Trademark protects your brand from being illegally copied or duplicated.
Because of the increasing use of the internet, every brand, its goods or services and types are now available to the entire globe online. As a result, having a distinctive trademark for one’s business is critical for an e-commerce seller or corporation. A trademark or logo makes it easier for the general public or consumers to recognize the e-commerce seller’s or firms’ items.
Consumers will remember an e-commerce seller’s or company’s trademark, seek it, and buy it again if they remember the Trademark of a product. It will aid in the expansion of the company’s goodwill and popularity. Unique trademarks and their related items will be easily recognized worldwide.
Is Trademark Registration Mandatory for an E-Commerce Firm?
Now, this is the most common question that arises not only in your but in everyone’s mind. So let us clear this for you. An e-commerce dealer or firm doesn’t need to register a trademark. However, trademark registration is preferred since gives you exclusive right over your brand which will further help you to protect your brand from unauthorized use and gives several benefits to trademark owners. For example if you adopt a brand name, you market it, you spent money efforts to bring it to next level and someone else get it registered with the Trademark Registry, you may lose your exclusivity over the mark. Also, though the prior user and adopter is the actual owner of the trademark but it will leave you a difficult task to fight and prove your right over the mark.
Now that we’re talking about benefits, let us assist you to know what a registered trademark can benefit you with:
Prior Use: The entity that initiates the first use of a trademark has priority under trademark law. It implies that if a corporation or seller can demonstrate proof of previous use of a trademark, it will offer them an advantage over another person or competitor who is using the same mark, regardless of whether or not it has been registered. In most cases, proof of earlier use of a trademark takes precedence over registration. As a result, it is suggested to begin using the Trademark as soon as the firm begins and register it to have documentation of prior use.
Legal Rights to Transfer the Trademark: The trademark registration allows the trademark owner to assign his or her trademark rights to another party. The ability to award a trademark aids start-ups in attracting customers or investors. Companies that have achieved a trademark registration are viewed favourably by investors.
Now you may wonder about the procedure to avail of these fantastic benefits, don’t worry, we got you covered.
Procedure for Trademark of E-commerce Companies/sellers
Thorough Search on Intellectual Property Database:
As Indians, we elude with off-the-cuff ideas from our friends and family with the purpose of concocting a brand name for the company. There is also a social obligation to consult network leaders and other religious persons in one’s area while choosing a brand name. As a result, business owners overlook the relevance of securing a trademark to come up with a name that is not unique but gives insight into the likelihood of facing trademark litigation in the future. As a result, choosing a memorable brand name isn’t enough and it doesn’t negate the need to conduct a trademark search; instead, a trademark search informs one of whether similar trademarks are available and it provides a reasonable idea of where one’s brand stands in comparison to other brands in a similar class.
Trademark Application Filling:
The starting step is to file a trademark application with the nearest trademark office, which may be found in various states around the country. Mumbai, Delhi, Ahmadabad, Chennai, and Kolkata are the Indian trademark offices. Furthermore, in recent years, the majority of documentation has been done online. Following the completion and presentation of the application, an authorized receipt is immediately given for future reference.
Trademark Examination:
The officer examines a Trademark Application for Trade Mark Registration for Ecommerce Business once it has been recorded for any flaws. The examination report may take 1-2 months from the date of filing an application to get issued. The examiner may partially or wholly accept the trademark application, or it may be permitted with restrictions, or it may be contested or dismissed entirely. If the application is accepted, the Trademark enters into opposition period and is published in the Trademark Journal. If there is any objection issued in the exam report, then the requirements are to be met or the objections to be addressed. Close to 30 days will be given to meet the terms or respond to the complaints. The Trademark is published in the Trademark Journal when the reply has been reviewed and the mark is accepted. If the response isn’t recognized, the person can request a hearing. If the experts believe the Trademark meets the criteria for registration during the hearing phase, it is immediately marked for publication in the Trademark Journal.
Trademark Publication:
As mentioned above, one a trademark application overcomes the objection and is accepted at any stage by the Trade Marks Registry it is then published under the trademarks journal TM-J. If any party has any kind of obligations or objections to the Trademark being registered, there is an equal opportunity to prevent it from being registered by filing Trademark opposition in that application within the prescribed time limit. Once a trade mark is published it is open for opposition for 120 days or 4 months from the date of publication. After the Trademark is distributed, if there is no opposition, the Trademark is continued to proceed for Registration; otherwise, it goes through an impartial opposition proceedings concluding the final decision at a hearing, and the Registrar makes an “unprejudiced” decision.
Registration and Certification:
Once a trademark is registered and published in the Trademark Journal, a registration document or Registration Certificate with the Trademark Office’s seal is issued.
Class-35: This should essentially be the signing class for registering your E-trade Business because it covers e-commerce business, publicizing, business administration, business organization and office abilities.
Class-42: is also relevant since it refers to logical and inventive administrations, research, and configuration relating to current investigation and research administrations, as well as the design and development of PC equipment.
Documents required for Trademark of an E-trade firm?
The following is a list of all the necessary paperwork for E-Commerce companies to register their trademarks:
- Send a copy of the Trademark, brand name, logo, or other design that the applicant intends to use as their Trademark.
- Applicant’s name in case of Individual/proprietorship firm or company’s name in case of Private limited, Partnership, LLP or others.
- Address preferably the one the applicant wishes to be printed on the Registration Certificate.
- If a firm is filing for a trademark that is already published and in use, then the first date of use along with its evidence proving the use.
- A copy of Power of Attorney.
- Copy of MSME/Udyam Certificate or DIPP certificate for availing waiver in fees as MSME or Start-ups respectively.
Benefits of Trademark Registration for E-Commerce
Safeguard your Business:
Trademarked brand and its goods, services and products are protected from infringement. The company name or logo is protected against unauthorized third-party use. A registered trademark protects a company against infringement by preventing others from utilizing the trademarked product.
E-commerce Marketplace
Amazon, Flipkart, eBay, and Walmart, among other e-commerce marketplaces or platforms or web stores, provide the ability to register with a registered trademark. A Brand Registry service is available on several marketplaces, such as Amazon. The Brand Registry offers Amazon sellers and organizations participating in the program various additional marketing opportunities and analytical data. It is important to have your application number procured from the Trade Marks registry to register on these platforms and become a seller.
Protects your Brand Value
E-commerce retailers or enterprises can register their trademarks to protect their products, goods and services nationally and globally. They gain the benefits of brand awareness, protection and injury prevention.
Difference between Name Approval under Companies Act 2013 and Trademark Act 1999:-
A registered company’s name cannot be considered as a trademark registration. When a name is unique, it can be used as a trademark. A trademark can also be a combination of a company’s name and a symbol. However, a trademark registered under the Trademark Act of 1999 is not the same as a company name registered under the Companies Act of 2013.
The Registrar must approve a company’s name of Companies (ROC) before it can be registered. If the business name is too similar to another registered firm, the ROC will reject it. The ROC’s approval of a company name does not guarantee that name’s Intellectual Property Rights (IPR).
A corporation must file for trademark registration under the Trademark Act of 1999 in order to gain IPR on its name. If the firm name granted by the ROC is similar to another registered trademark or is not distinctive, the Trademark Registry may reject it. An e-commerce firm should file a trademark registration application under the Trademark Act to protect its brand.
Final Words
I hope that the above information was useful and it served the purpose of utilising your valuable time reading this article on how important it is to register your brand for E-commerce business.
Do leave us a comment for any queries and clarifications.
Naseem Sheikh is a trademark enthusiastic and he is a member of Bar Council of Delhi, Bar Council of India & Delhi High Court Bar Association
November 26, 2021
Tips to Remove Hijackers on your Amazon and Flipkart Listings
In recent years, e-commerce has grown in popularity. Customers’ shopping experiences have improved because they now have a wider selection of options to pick from in the comfort of their own homes, based on their requirements and tastes. Amazon and Flipkart are two renowned and preferred online shopping organizations.
Although sellers can face many challenges in this fierce market, we’re going to discuss Hijacking on Amazon and Flipkart listing in this article.
WHAT IS HIJACKING OR INFRINGEMENT ON AMAZON AND FLIPKART LISTING?
This indicates that a counterfeit or comparable version of your private label goods is being sold. Amazon and Flipkart listing hijacking is especially aggravating for private label retailers, who went through the trouble of creating their brand and product to avoid competing with other Amazon and Flipkart sellers for possession of the Buy Box.
When a third-party seller “hijacks” your product listing on Amazon, they often offer a counterfeit version of your product at a lower price and quality. Consumers then buy the knock-off version and leave a nasty review on your listing when the product fails.
WHAT ARE THE IMPACTS OF HIJACKING AMAZON AND FLIPKART LISTING?
This is something very dangerous for your reputation in the market and the heart of your customers.
Consider this scenario: a consumer buys your goods without knowing it. Instead of receiving authentic goods from you, your Amazon and Flipkart hijacker takes control of the Buy Box, makes the sale, and the consumer receives a counterfeit version. The buyer reviews your listing badly since they were dissatisfied with their purchase due to low quality. You receive a negative review on a product you don’t even offer, preventing prospective visitors from purchasing your goods. How aggravating!
AM I HIJACKED..? HOW TO CHECK IF YOUR AMAZON OR FLIPKART LISTING IS BEING HIJACKED?
Signs that an Amazon and Flipkart seller has hijacked your company might identify your listing:
- Someone who isn’t your company or a licensed reseller starts selling on your listing.
- Someone has claimed the Buy Box for your product’s listing.
- Customers start leaving nasty or unusual feedback on your listing.
MISTAKES THAT CAN INCREASE THE RISK TO GET HIJACKED
While every business is vulnerable to Hijacking amazon and Flipkart listing, there are a few things that might make you more vulnerable, such as:
- Stock is running out.
- Keeping product branding and packaging to a minimum
- Monitoring product listings over a longer period vs. a shorter period, such as monthly vs. weekly, is a good example.
- Using deeply discounted discounts to promote items
- Choosing not to participate in Amazon’s and Flipkart Brand Registry
HOW TO SAFEGUARD YOUR PRODUCT FROM HIJACKING AMAZON AND FLIPKART LISTING?
How to remove hijacker in amazon and flipkart, you only need a smart yet easy method. Here are five techniques to preserve your listing while still strengthening your business:
1 Check your Listing Regularly
You’ll want to see your listing from your consumers’ perspective in addition to checking in on your Seller Central dashboard every day. Check to discover how many vendors are selling your private label product on your listing. If there is more than one (that one seller, being you!), you may be dealing with a hijacking issue. You don’t need to check your listing every day; once a week will do, especially if your sales increase and competition notice your success.
2 Program your Business Site
You may fortify your company against Amazon and Flipkart hijackers if you can establish your ecommerce channel outside of Amazon and Flipkart (sites like Shopify or Square Space make it simple to put up your ecommerce store). The ability to validate your business via your website promotes confidence and trust with your consumers, and you’ll always have a place to sell your things online outside of Amazon and Flipkart.
However, if you want to increase sales and revenue for your firm, you need to allow customers to visit your website and purchase your goods. People who find your business through search and other media will be more likely to become customers.
Branding is Important
You could dissuade the lurking pirate if you improve your branding on your product listing and demonstrate that you have a distinct brand and logo on the actual goods and packaging. You’ll be exhibiting your brand identification to the buyer, and if they order your goods from a counterfeit vendor, they’ll be able to see right away that what they’re getting isn’t your brand.
When photographing your products, please make an effort to highlight the branding on the package and the product itself. Regardless, because you invest in developing your brand and marketing collateral, this is a smart practice. You put in a lot of effort to build your brand, so show it out to your consumers!
Trademark your Goods
Trademark your goods if you haven’t already.
When it comes to resisting Amazon and Flipkart listing hijacking, a trademark is one of your finest weapons, so obtain one now. In most situations, remember to sign up for Amazon and Flipkart Brand Registry after you acquire yours.
5 Register your Business in Amazon and Flipkart Brand Registry
One of the greatest methods to protect yourself and your business on Amazon and Flipkart is to join Amazon’s and Flipkart’s Brand Registry. You’ll have more control over your listings, as well as access to tremendously effective marketing tools.
Brand Registry has a specialized internal staff for submitting and escalating IP infringement cases if you have an IP or counterfeit concern. Keep in mind that this won’t guarantee to prevent hijackers from gaining access to your listings – you’ll still need to be watchful — but as a recognized brand, you’ll have greater security. know More About Amazon Brand Registry
HOW TO REMOVE HIJACKER FROM AMAZON LISTING AND FLIPKART LISTING?
When someone tries to take over your Amazon and Flipkart listing, you need to act quickly. To avoid sales losses and perhaps negative feedback from consumers who purchase from the Amazon and Flipkart hijacker, you must act quickly.
So, what are your options in this scenario?
1. Instant Discounts
You should first reduce your pricing to reclaim the buy box, even if it means losing money! After all, you don’t want to provide the counterfeit vendor with any information about your product’s sales.
Write a Cease-and-Desist Letter to your Amazon or Flipkart Listing Hijacker
A ban and desist letter is the best action your company can take. Follow these methods to deliver your cease-and-desist letter to your Amazon and Flipkart hijacker:
· To access the Amazon seller’s page, click their username (found in your product listing).
· From the upper right-hand corner, click on “Ask a question.”
· Select “An item for sale” from the drop-down menu.
· Click on “Question about a product”
from the drop-down menu.
· Enter the text of your stop and desist letter here.
· Send your mail to them.
If you don’t already have a stop and desist letter, look for Amazon and Flipkart product listing hijacking templates online. These templates will provide you with a structure for alerting Amazon’s and Flipkart’s hijacker. You can also get legal advice from your company’s lawyers.
File a Complaint and Report to Amazon
Report the problem to Amazon and Flipkart in addition to your letter. You’ll need a registered trademark for your goods to use this strategy. You must register this trademark in the country where the infringement occurred. If your goods were trademarked- Use Amazon’s Report Violation form to report the trademark infringement.
4. Purchase and Report the Rival Product
You can even purchase the counterfeit product and then denounce it to the authorities. Purchase the product before taking any further action, such as issuing a stop and desist letter or filing a trademark infringement suit, for the greatest outcomes with this Amazon and Flipkart listing hijacking method. It’s improbable that the hijacker would finalize your order if you complete the test buy later rather than before.
5. General E-commerce portal Policies
Under Amazon’s counterfeit policy, there’s another means to notify the seller. Purchase the counterfeit product with a buddy and file an A to Z complaint with Amazon.
· Purchase the item with the help of a friend.
· Wait until the item has been dispatched and received before making a decision.
· Have your friend use Amazon’s “Report a Problem” feature to notify the seller that the item is a fake. Select the “not materially the same” option for the product.
· Wait a day before submitting an A to Z request to the counterfeit merchant.
· In your claim, make sure to utilize the phrases “fake,” “not legitimate,” or “counterfeit.”
· If all goes according to plan, Amazon will remove their listing within a few days.
FINAL WORDS
We hope this article was worth your time, we wish you find this information useful these were our opinions and suggestion. If you have any other queries or suggestions, do ping us in the comments section below. We are more than happy to assist you. for more read at markshield.
Naseem
Managing Partner
