The Importance of Trademark Registration for Amazon Brand Registry, Franchising, and Access to Programs

Posted on July 18, 2023 by trademarkangel

In today’s competitive business landscape, trademark registration has become crucial not only for general brand protection but also for accessing specific programs and opportunities. In this article, we will discuss the significance of trademark registration for Amazon Brand Registry, franchising, and various programs that require a trademark for access.

1. Amazon Brand Registry

For businesses selling on the Amazon platform, enrolling in the Amazon Brand Registry program offers numerous benefits. To participate in this program, trademark registration is a prerequisite. Here is why:

Brand Protection: Registering your trademark with the United States Patent and Trademark Office (USPTO) provides an added layer of protection for your brand on Amazon. It helps prevent unauthorized sellers from infringing on your intellectual property rights and selling counterfeit or imitation products under your brand name.
Enhanced Control: The Brand Registry program empowers brand owners with enhanced control over their product listings. It enables you to manage your brand presence, monitor product detail pages, and report any infringements or violations swiftly. Trademark registration strengthens your position in resolving issues related to intellectual property on the platform.
Access to Advanced Tools: Once your brand is enrolled in the Amazon Brand Registry, you gain access to advanced tools and features designed to enhance your brand’s presence and visibility. These tools include Enhanced Brand Content, A+ Content, and the ability to create Stores on Amazon—all of which help you showcase your programs effectively and improve customer engagement. Many buyers check what else a seller sells if they like a certain product. They click on the “brand” name and go to a seller’s store – if seller has any. This helps to increase sales as the buyer may buy other products from the same seller.

2. Franchising Opportunities

Franchising offers a way for entrepreneurs to expand their businesses and reach new markets. If you are considering opening a franchise for your business, trademark registration is of top importance. Here is why:

Brand Consistency: Franchising relies on the replication of a successful business model and brand identity. By registering your trademark, you secure exclusive rights to the brand elements associated with your programs. This ensures consistency across all franchise locations, reinforcing brand recognition and customer loyalty.
Legal Protection: Trademark registration safeguards your franchising efforts by providing legal protection against unauthorized use or infringement by others. It helps maintain the integrity of your brand and protects franchisees from potential legal issues associated with using unregistered marks.
Attraction of Franchisees: Prospective franchisees are more likely to invest in a brand with a registered trademark. It demonstrates that your programs have a solid foundation, are committed to protecting intellectual property, and offer a valuable and specialized business opportunity. Trademark registration can significantly enhance your franchise recruitment efforts.

A few examples of successful franchises:

3. Programs Requiring Trademark for Access

In addition to Amazon Brand Registry and franchising, several programs and opportunities require a trademark for access. These may include:

Government Contracts: When pitching for government contracts, having a registered trademark can be advantageous. It adds credibility to your business and makes it stand out from competitors during the evaluation process.
Industry Associations and Organizations: Some industry associations and organizations may require trademark registration for membership or participation in specific programs. Being a member of these organizations can provide networking opportunities, industry recognition, and access to valuable resources.
Online Marketplaces and Platforms: Apart from Amazon, other online marketplaces and platforms may require trademark registration as part of their brand verification process. This ensures that only legitimate businesses with registered trademarks are allowed to sell their products or services on these platforms. A few examples of other online marketplaces where trademarks may be required: eBay, Shopify, Etsy, Walmart, Zappos, Ali Express and more.

Conclusion

Trademark registration plays a vital role in accessing various programs and opportunities in today’s business landscape. It is especially important for Amazon sellers enrolling in the Brand Registry program, entrepreneurs considering franchising, and businesses seeking access to programs that require a trademark. By registering your trademark, you not only protect your brand but also unlock numerous benefits, such as enhanced brand control, access to advanced tools, attraction of franchisees, and eligibility for exclusive programs and marketplaces.

Investing in trademark registration is a strategic move that strengthens your position, provides legal protection, and enhances your programs’ overall value. Know the next steps to register your trademark and secure the opportunities and advantages it can bring to your business.

Call Trademark Angel today for your free consultation!

Amazon The Secret to Your Fashion Brand’s Success!

Posted on May 22, 2023 by trademarkangel

Amazon, If you’re wondering whether to launch your Fashion Brand on Amazon, it’s important to consider the potential benefits. While competition and guidelines can be challenging, Amazon provides unparalleled reach and customer access. By leveraging the platform’s tools and resources, you can tap into a massive audience and scale your business to new heights. With careful planning and execution, Amazon can be a valuable revenue tool for your brand’s growth.

If you’re thinking about launching your brand on Amazon, it’s worth noting that the platform has been a valuable resource for countless third-party sellers. Amazon’s trusted and reliable services have helped many businesses establish themselves and reach new customers. With over 500,000 registered brands under its protection, Amazon’s track record speaks for itself. If you want to explore the benefits of selling on Amazon, we’ve got you covered with an article that outlines 5 key advantages you’ll enjoy as a seller on the platform.

1. Amazon’s customers keep growing bigger.

Since Amazon opened its doors to third-party sellers, the platform has experienced explosive growth, establishing itself as one of the largest eCommerce marketplaces in the world. With shipping services available to over 100 countries, Amazon has become a go-to destination for online shoppers worldwide.

The COVID-19 pandemic accelerated the shift to online shopping, and Amazon was there to meet the demand. In 2021, the platform reported a staggering $469.8 billion in net sales, thanks to the billions of monthly visitors to its site. Despite the challenges of the pandemic and global supply chain disruptions, Amazon’s reputation as a reliable online marketplace remained unshaken.

If you’re considering launching your brand on Amazon, now is the time to act. With so many potential customers at your fingertips, the platform provides a unique opportunity to reach a massive audience and grow your business.

2. Amazon features aid brand expansion and security.

As a seller on Amazon, you can access a wealth of resources and programs that can help you grow your business. Amazon’s extensive suite of seller tools is designed to give you a competitive edge and make it easier for you to reach your target audience. Whether you’re a registered brand or not, you can leverage these features to maximize your Amazon selling potential. In this article, we’ll explore some of the most notable features and resources available to Amazon sellers.

Seller Central

Once you’ve signed up for Amazon selling, your primary access point to your seller account is through the Seller Central portal. Here, you’ll find all the tools and content you need to manage your sales activity, edit product listings, and monitor inventory levels. You can also download the Amazon Seller App if you want to manage your account on the go.

With Seller Central, you can also take advantage of valuable features such as payment and refund management, customer review monitoring, and detailed business reporting. You can also manage other tools like Amazon Custom and Fulfillment by Amazon (FBA) that can help streamline your operations. And if you’re looking to expand your business globally, you can do so easily with Amazon Global Selling, all available through Seller Central.

Seller University

If you’re new to selling on Amazon or looking to improve your skills, Seller University is a great place to start. It’s a free resource that offers a wealth of educational content, including articles, webinars, and FAQs. You can learn about everything from setting up your account to optimizing your product listings and managing your inventory. By taking advantage of these resources, you can gain valuable insights and strategies for growing your Amazon business.

Brand Registry and Protection

Registering your brand with Amazon Brand Registry is a crucial initial step in selling your products on Amazon. As a registered brand, you gain exclusive access to a range of seller tools to help manage your business. Additionally, Brand Registry helps safeguard your brand from fraudulent activity such as counterfeiting and hijacking, which could potentially harm your business reputation and steal your rightful position.

Amazon Advertising

Promoting your brand through advertising is an essential aspect of building your online presence. As a new Amazon seller, it is vital to leverage the advertising services available to you. Luckily, Amazon offers three Pay-Per-Click (PPC) advertising options: Sponsored Products, Sponsored Brands, and Displayed Products. All of which can be conveniently managed through your Amazon Seller Central account.

3. Sell on Amazon, Reach Millions of Prime Members

Amazon Prime is a subscription-based service that provides exclusive features like fast delivery services, Prime Video, Prime Music, and more. With two-day or same-day shipping offers customers a convenient and attractive online shopping experience.

According to reports in 2021, Amazon’s Prime membership reached 200 million and is expected to keep growing due to its exceptional services. Furthermore, Prime eligibility is considered a crucial factor for customers when deciding where to purchase. If you do not offer Prime shipping, you may lose potential customers. Hence, it is recommended to enroll in FBA or try the Seller-fulfilled Prime program.

4. Amazon’s search engine makes it easy for customers to find and purchase your products.

Amazon’s search engine is designed to facilitate shoppers in finding the products they want. The A10 algorithm, which Amazon uses, takes into account various factors, including sales history, seller credibility, conversion rate, organic sales, and click-through rate, to rank product listings. To appear high on the search engine results page (SERP), it is crucial for sellers to implement various search engine optimization (SEO) strategies. These strategies include using relevant keywords, creating compelling product descriptions, uploading high-quality photos, and generating authentic reviews. In addition, sellers can bid for Sponsored Products or other pay-per-click (PPC) ads to secure a prominent spot on the SERP.

5. Brand owners have tools to boost brand awareness.

Amazon’s Brand Registry Program provides exclusive tools and features to enrolled brand owners, designed to boost their sales and increase brand awareness. Some of these tools include:

A+ Content and Stores

Once you’ve opened a selling account on Amazon, creating your first few product listings is likely your next step. These listings typically include product titles, bulleted features, product descriptions, images, and delivery information. However, after your application for Brand Registry is accepted, you’ll have access to additional tools to enhance your listings. With A+ Content, you can provide more details and photos about your product and its benefits to buyers, maximizing the potential for sales. Additionally, you can create a storefront using the Stores feature, allowing for a more immersive shopping experience with text, images, and videos. This can help to boost brand awareness and encourage potential customers to make a purchase.

Brand Analytics

Amazon Brand Analytics is a tool available on Seller Central that provides registered brand sellers with valuable insights to help them make informed business decisions. Through features such as Search Terms, Market Basket Analysis, Demographics, and Repeat Purchase Behavior, brand sellers can generate reports on customer behavior, including conversions, repeat purchases, and more.

Managing an e-commerce store can be challenging, but Amazon provides opportunities to scale your business and increase brand awareness. As a brand seller, you can leverage Amazon’s large customer base and Prime members. Additionally, Amazon offers various tools, programs, and services exclusive to registered brand sellers, such as Amazon FBA, A+ Content, and Brand Analytics. Do you have questions or need assistance enrolling your brand in the Amazon Brand Registry program? Schedule a free consultation with us by clicking here. You can also reach us by email at tm@trademarkangel.com.

Fast & Easy Route to Amazon Transparency Program

Posted on August 19, 2022November 22, 2024 by trademarkangel

We all watched it, but if you haven’t – we are talking about that video of a penguin stealing stones from another penguins’ nest. It’s a mix of both bad and good emotion. For some reason, most of us find the penguin-stealer funny or cute, but feel bad with the other who was honestly working on her nest.

Amazon is a place not different from Antarctica where theft is a constant. The truth is: we cannot completely free the world of theft, whoever or whatever the actor is. Amazon is no exception.

Theft is committed on Amazon in the form of counterfeiting, without the element of cuteness. Counterfeiting is one of the evils facing both the e-commerce giant and its sellers.

What is counterfeiting? It is an act of selling products which includes “bootlegs, fakes, or pirated copies of products or content; products that have been illegally replicated, reproduced, or manufactured; and products that infringe another party’s intellectual property rights.”

Like the victim penguin, legitimate Amazon sellers have spent considerable resources in building up their brands. But counterfeiters in the e-commerce platform work incredibly hard and smart to negatively impact brands’ growth as counterfeit products destroy brands’ reputation and ability to make profits.

A case study suggests that 3 out of 4 buyers would stop buying from a brand if they discover that there were counterfeits on the market that could be potentially harmful.

Indeed, the implications of counterfeiting reach beyond the buyers and the sellers. Counterfeiting on a large scale disrupts the economy; hence affecting everyone’s lives, one way or another.

Fortunately, Amazon is attributable to customers’ confidence in the authenticity of goods sold on the platform.

Apart from the other programs such as Brand Registry, IP Accelerator, etc, Amazon has another one called Amazon Transparency Program.

The Amazon Transparency program is designed to help brands improve product safety, reduce counterfeits, and provide consumers with greater visibility into their purchases. It places rigorous anti-counterfeiting systems designed to protect customers and honest sellers.

How does it help Amazon sellers?

Two-folds: (1) it has helped increase revenue by 30% which is a significant amount; and (2) it assures no infringement: it has been operational since 2017, and Amazon is claiming that there have been no infringement attempts on any of the enrolled products

How does it actually work?

The program uses a sophisticated product labeling system. It uses secure, unique codes that identify individual units; thus, making product verification readily available to buyers.

Here are easy steps to get started:

Step 1: Amazon sellers have the option to enroll all its products or only some of them to the program.

Step 2: Amazon sellers attach the transparency codes to the enrolled products, like so:

Step 3: Amazon will only ship products with valid transparency codes

Step 4: Buyers can scan the transparency code to determine if they received authentic products, like so.

Step 5: Amazon sellers can interact with their buyers via the Amazon Shopping app and the Transparency app to ensure satisfaction.

Amazon has a cool video about this program. Check it out, it is less than 2 minutes: Transparency by Amazon.

Who are eligible to program?

To be eligible, you must be Amazon sellers must be (1) brand registered, (2) have a Global Trade Item Number (GTIN) for your product, such as a UPC, ISBN, or EAN, (3) have the ability to apply unique Transparency codes to every unit you manufacture, regardless of where the units are sold, then you are eligible.

How does Trademark Angel help Amazon sellers expedite Transparency enrollment?

First, we’ll work on getting you brand registered on Amazon. To do so, you’ll need a trademark registration which can take too long for many countries. Good thing is Trademark Angel offers trademark registration in Germany.

Germany? Why?

In Germany, a trademark application matures to registration in 2 weeks to 2 months – the quickest route registration and indeed to Brand Registry enrollment.

Once brand registered, you can now easily apply for the Transparency program. To be sure, the program is available to select countries, including Germany.

If you are an Amazon seller, the only thing that may lengthen the process is the time between now and when you contact Trademark Angel.

Make the call now and join our clients who are now making the most of the Amazon Transparency Program. Don’t get left behind.

Copyright Protection for Amazon sellers

Posted on November 23, 2021 by trademarkangel

Copyright is very important to protect to make reporting copyright infringement to Amazon easier. Don’t neglect registering your copyright!

While Amazon Brand Registry (ABR) is a hype, many, if not all, mistake it as an all-in-one protection card. The ABR, as its name suggests, merely protects a seller’s brand or trademark within the Amazon platform. It does not concern copyright infringement or any other infringement other than one concerning a brand or trademark.

Only a few realize that trademark is not the only intellectual property asset an Amazon seller has. Most, if not all, forget about copyright.

Don’t get this wrong: while protection of a brand is important, it does not render copyright on Amazon less of a value. Copyright is as important as any intellectual property assets.

Let’s take a step back, what is copyright?

A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc. Generally, copyright law is meant to incentivize the creation of original works of authorship for the benefit of the public. To receive copyright protection, a work of authorship must be created by an author and must have some amount of creativity. If someone is the author of an original work, then they typically own the copyright in that work.

What are common copyright materials on Amazon?

Product photos or images are the most common copyright materials on an Amazon listing. It also implies that these are often the ones being infringed upon.

Under Amazon Intellectual Property for Rights Owners, a seller can generally use his/her own copyrighted images on product detail pages to sell a product; however, he/she should not take images from other sources and add them to product detail pages without the Rights Owner’s permission.

How does copyright infringement happen on Amazon?

Among other circumstances, there is a copyright infringement when a seller copies, without authorization, product images of another seller.

How can original works on Amazon be protected?

It is important to first establish that a seller obtains rights on original materials such as product photos on Amazon from the moment of creation. It means that the rights on an original material automatically exists in favor of the creator or author without the need of registration.

Copyright registration

However, in the United States, copyright registration is required to enforce rights on copyrighted works. After all, having rights and taking action to enforce your rights are two different animals. One can have a right on a thing but does not enforce it against any person violating such a right. Similarly, one cannot enforce a right he/she does have.

Hence, the first step of copyright enforcement is to obtain registration.

A certificate of registration is strong evidence that may support copyright claims.

Without an official document, copyright enforcement can be very frustrating. In most cases, alleged infringers ignore demand letters without supporting legal documents.

Copyright notice

Once a registration is obtained, a seller can incorporate a copyright notice on his/her product photos.

Having a copyright notice puts the public on notice that your content is protected and copyrighted. This will help keep most cases of infringement from occurring. If any cases do occur, having a copyright notice will help you prove your case in court that the copyright infringer was put on notice that your content was protected.

Demand Letters

Before filing a report on Amazon about copyright infringement, it is recommended to first reach out to the party who is allegedly infringing copyrighted material. Sending professionally written demand letter with supporting legal documents is an effective means to resolve a dispute without spending a lot of time, energy, and resources.

In addition, the demand letters are also evidence that copyright infringer was put on notice that your content was protected.

Reporting copyright infringement on Amazon

Amazon has its intellectual property regulations. To report a copyright infringement the following information are required:

The ASIN (Amazon Standard Identification Number) or the URL of the infringing product;
A description of the copyrighted work that has been infringed upon;
A link to the copyrighted work; and
The copyright registration number

The above requirements seem easy to comply, but to ensure the success of the report and to effectively remove the infringing products on Amazon, it is important to submit professionally written description of the copyrighted work and to ensure that the subject copyrighted works contain copyright notice and the copyright registration number.

Copyright Small Claims

If all remedies within Amazon are exhausted, an owner of a copyrighted work can bring his/her claims to the Copyright Claims Board (CCB).

The CCB will be a three-member tribunal within the U.S. Copyright Office that will provide an efficient and user-friendly option to resolve certain copyright disputes that involve less than $30,000 (called “small claims”).

Note, however, that the U.S. Copyright Office is still in the process of developing the CCB. This initiative may be implemented in the year 2022.

How can Trademark Angel assist with copyright registration.

Trademark Angel offers a copyright registration package at a low cost for your choosing. The basic package comes with the following inclusions:

Copyright registration
Cease-and-desist letter template
Description of copyrighted work
Copyright notice statement
Amazon copyright infringement report template
Consultation

Currently we can assist you with registering your copyright in the following countries: USA, Canada, Mexico, United Kingdom, China and India.

Get started with our 15-minute free consultation by sending us an email at tm@trademarkangel.com

Can’t wait for your trademark registration? Here’s how you can expedite the registration process.

Posted on September 12, 2021 by trademarkangel

Expedite your trademark registration process

Everyone wants to register a trademark fast.

However, the process of securing a trademark registration is a long one: it can take up to 18 months in the United States and around 42 months in Canada. Moreover, these respective timelines may be affected by inevitable processing delays.

What exactly is taking forever before a trademark application matures into registration?

In general, a trademark application goes through a series of steps or stages before the trademark office grants it registration.

In this article, we will not tackle all the steps or stages in trademark registration; instead, we will focus on a specific stage which represents the bulk of the registration timeline: the trademark examination stage.

In the examination stage, an examining attorney or examiner reviews an application to determine whether it complies with all applicable rules and statutes.

Essentially, before an application is published, an examining attorney or examiner first conducts two distinctiveness tests: the inherent distinctiveness and the relative distinctiveness tests. The former test determines the strength of the mark, i.e., whether a mark is fanciful, arbitrary, suggestive, descriptive or generic; while the latter reviews whether there are identical or confusingly similar prior-filed or registered marks.

After about 8 months in the United States or within 26 months in Canada, the assigned examining attorney approves the application for publication, provided that such application complies with the applicable rules and statutes.

Otherwise, an office action or examiner’s report may be issued against a trademark application. It is in this case where the trademark registration deviates from the regular timeline and takes a longer route to registration.

An applicant who receives an office action or examiner’s report is usually given 6 months to respond to the stated issues. Thereafter, the trademark office takes another 1-3 months (in the US) and 3-6 months (in Canada) to respond to the concerned applicant. The process repeats until all pending issues are resolved or the application is considered abandoned for failure to resolve such issues.

In sum, trademark examination takes up 50% – 90% of the registration process timeline.

If there are complications, a delay of another 6 months, more or less, is expected.

As businesspeople, waiting a year or two or three for trademark registration can be frustrating because it has serious legal or business implications. Within this waiting period, a businessperson may want to attract investors, increase business valuation, enforce and stop trademark infringement, prevent loss of substantial profit, or even sell his company; but the delayed trademark registration costs him the opportunity to.

Fortunately, there is a remedy. As discussed, the trademark office generally examines applications in the order in which they are received.

In special circumstances, the examination stage can be expedited by means of a submitting a petition to make “special” (United States) or a request for expedited examination (Canada).

If such petition or request is granted, the relevant trademark office advances the initial examination of an application out of its regular order allowing the applicant to “jump the line”. It means receiving trademark registration about 5-6 months earlier in the United States or a 34-36 months (!) earlier in Canada.

Expedite the registration process

What are these special circumstances that allow expedited examination?

In the United States, the most common reasons for granting petitions to make “special” are:

The existence of actual or threatened infringement;
A pending litigation; or
The need for a registration as a basis for securing a foreign registration.

Similarly, in Canada, the following are reasons for granting an expedited examination:

There is a court action expected or underway in Canada with respect to the applicant’s trademark in association with the goods or services listed in the application;
The applicant is in the process of combating counterfeit products at the Canadian border with respect to the applicant’s trademark in association with the goods or services listed in the application;
The applicant requires registration of its trademark in order to protect its intellectual property rights from being severely disadvantaged on online marketplaces; or
The applicant requires registration of its trademark in order to preserve its claim to priority within a defined deadline and following a request by a foreign intellectual property office. Note that in such cases the request will need to be attached to the affidavit or statutory declaration.

In both countries, an affidavit or statutory declaration – containing an explanation of why expedited examination is requested; and a statement of facts that shows that such special action is justified – is required.

If you are an Amazon seller and have a hijacker on your listing, we may be able to file such a petition, especially if you can prove that your sales have decreased as a result of the hijacker activity.

Expedite the registration process.

If you have business transactions that require trademark registration but are in an endless waiting game, requesting an expedited examination of your trademark application may work for you. Talk to us via chat or email for further assistance.

Update (as of August 12, 2023): After filing a petition to expedite, we have been able to successfully speed up the registration time of 90% of Canadian applications during the past 12 months. Here is one such application: filed in September of 2022 and already registered in February of 2023.

A+ Content in Amazon Brand Registry – Learn How to use it effectively

Posted on December 17, 2020 by trademarkangel

Guide for every Amazon seller

Updated on June 27, 2021

To get access to the A+ Content tools, brands need to get access to Amazon Brand Registry by registering a trademark in one of the countries where Amazon has presence.

Amazon A+ Content was formerly known as Enhanced Brand Content. It is a premium content feature that isn’t available to every Amazon seller. However, the Amazon seller that uses this feature gets a competitive advantage over other sellers within the same category. Using this feature the right way, an Amazon seller can overtake the rest of the competing brands.

This premium content feature enables Brand Registered Sellers to exhibit their products’ unique features using high-quality images and enhanced text placements. By effectively adding Amazon A+ Content to the product page, sellers can increase the conversion rate, traffic, and sales for their brand.

You may want to check our other article how to get in the Brand Registry quickly but in this article we discuss what Brand Registry is and how to use it effectively.

Why is Amazon A+ Content used?

Amazon A+ Content is a premium content feature. It enables sellers to change the product description field of their branded ASINs using enhanced text and images. This feature is a great way to answer some of the most common questions their potential customers have. Using this feature, the seller can add relevant product details to the description, which drives the customers’ purchase decisions. It reduces the likelihood of products being returned.

Amazon A+ Content feature is available to those who are approved as brand owners through Amazon Brand Registry. Once the seller has been authorized as the brand owner, he will get access to the premium feature of Amazon A+ Content. However, it can only be used for the ASINs, which are a part of the approved brand catalog. It doesn’t apply to those that are not included in the catalog approved for the brand.

According to Pat Petriello, Head of Marketplace Strategy at CPC Strategy, there are various benefits that 3P sellers (third party sellers) enjoy when they go through the Brand Registry Program. One of the most immediate outcomes is the benefit of paid advertising conversion rates.

Let’s take the example of INSTANT POT brand that sells high quality electric pressure cookers. It advertises its products through sponsored products during the holiday season. This brand can showcase the pressure cooker’s unique features with the help of Amazon A+ Content, and the features could be anything from built-in Wi-Fi, steamer, Quartz design, touch feature, and more.

The premium Amazon A+ Content will also ensure that the seller stands out from its competitors in the market. It makes that happen by conveying the story of the brand using the Enhanced Brand Content fields. This enables the seller to turn his advertising clicks into conversions. It reduces ACOS (advertising cost of sale) while increasing ROAS (return on ad spend).

This makes Amazon A+ Content feature an excellent opportunity for sellers to maximize the return. For 3P brands, increased advertising spends during the holiday season is a real win.

Who Should Use Amazon A+ Content?

Every seller on Amazon can use Amazon A+ Content. It adds to the visibility of his product listings. It has been observed that the conversion rate of listings that use Amazon A+ Content increases by 5-10% and, in some cases, even by 12-15%.

In this era of technological advancements, video content is the king. It is one of the best marketing tools for any brand. Once a seller goes through the Amazon Brand Registry process, he/she gains the ability to post product videos to the Amazon listing detail page. This video can be uploaded in the main image slot. This feature was formerly accessible to Vendor Central accounts only.

The premium Amazon A+ Content feature makes it possible for the seller to upload product videos to the Related Video Shorts section. This section is present in the middle of the page. However, it is watched several times by visitors who are interested in a particular product.

According to digital marketers, video content is the new black. The earlier you add video content to your marketing strategy, the better it would be for your brand. With the new A+ content feature, Amazon sellers can make that happen. It provides Amazon sellers with an excellent opportunity to improve the conversion rate of their listings.

Why should sellers apply for Amazon’s Brand Registry program?

Access to Amazon Storefront feature:

It won’t be wrong to call Amazon storefront the crème de la crème of branded content. It is one of those tools that allows a brand to take its brand game to the next level and beat the competition. Amazon Storefront feature is for those brands that want to provide their customers with a branded shopping experience. This self-service feature is free. Using this feature, brands can create sharp multimedia content that gives them an edge over their competitors.

However, to create a Storefront, you have to be enrolled in the Amazon Brand Registry program. Amazon Storefront is a DIY tool available free of cost to the seller with Brand Registry and Amazon Sellers Account. With an amazing Amazon Storefront design, you can create a lasting impact on your customers.

Storefronts have a responsive design. They are compatible with desktop and mobile. They can adapt to a variety of screen sizes and devices. You can measure the performance of your Storefront with Store Insight. It offers you an insight into daily views and your store’s aggregate. If you want to access complete data regarding your store’s performance, you should consider using the Brand Analytics tool.

To make the most impact with your Amazon Storefront, you should invest in Amazon store design services. These services include

Image editing and optimization
Creative content creation
The submission of Amazon Storefront design

As an Amazon seller with a Brand registry, you get your own storefront just like WOW skincare. This lowers the risk of having your listing hijacked. That’s because when a customer clicks on your brand name he will be redirected to your brand’s storefront.

If you are not registered with the Brand Registry program, your listing can be hijacked by a 3P seller. Additionally, when a consumer clicks on your brand name, he will be met with a variety of similar items on the next page.

Brand name without Brand Registry:

After you click on the brand name, Amazon leads you to a page where similar items are sold.

Being registered with Brand Registry Program, your brand gets priority over listing content which includes images, titles, and descriptions. Moreover, no one gets to use the brand name you have registered with.

Amazon has made Storefronts even more visible. It has done so by making the brand store link more prominent. This makes it easier for customers to find your store. As a result, you get more traffic on your storefront.

ASINS with the Brand Registry usually have this name: Visit XYZ TRADEMARK NAME Store instead of simply Brand: XYZ TRADEMARK NAME. So in this case, we know that SHARPIE is in the Brand Registry as brand name reads: Visit the SHARPIE Store instead of simply Brand: SHARPIE.

Protect your product listings from being hijacked:

As an Amazon seller, it would be a usual practice for you to go to Amazon to check on your performance. If you are not registered with Amazon’s Brand Registry Program, you may find your listing hijacked by a 3P seller.

Third-party sellers or 3P use Amazon as an ecommerce platform to sell products directly to the consumers. They are the “Merchant of Record” or MOR. They create their inventory by purchasing goods directly from the manufacturers or other retailers. Sometimes they sell stolen or counterfeit goods.

Selling on Amazon, most sellers with their own brand fear that their products and listings will be hijacked by another merchant. In an immensely competitive market, sellers use various tactics to get ahead.

However, being a member of the Amazon Brand Registry program saves your brand from nefarious buyers. It lets you register your brand so that you are the sole owner of the Buy Box. Moreover, in many cases you can get the 3P sellers, who try to hijack your listing removed. All you need is to contact the Amazon help center (note: during the past months we noticed that removing hijackers has been an uphill battle and Amazon has not always been as responsive as before).

What are the Advantages of creating A+ Content?

There are various advantages a seller gets to enjoy by gaining access to Amazon A+ Content. Some of those include:

♥ The Creation of an A+ Description:

It offers you the ease to create an A+ description by adding the highest quality images and text. By adding eye-catching images to the product description, the seller can add more marketing value to product listings.

♥ Exhibit Key Benefits of the Product:

Customers want to know everything about a product before they make their buying decision. If the product description doesn’t clearly explain the key features, it might not convert potential customers. With A+ Content, sellers can show off the key elements of a product with graphic visuals and pictures. This way, sellers earn a competitive advantage over their competitors.

♥ More attractive than regular Amazon descriptions:

A+ descriptions turn out to be more attractive as compared to regular Amazon descriptions. Sellers who don’t have access to the premium Amazon A+ content feature should use an HTML description.

♥ Ease to upload product videos:

With access to the Amazon A+ Content feature, the seller can use the last main image slot to add a product video. This way, it provides potential customers an overview of the key benefits of the product listed.

♥ Adds to the rate of conversion:

Understanding the metrics of conversion rate is very important for every Amazon business. There is no point in creating a marketing strategy that only gets you clicks and doesn’t actually convert the visitors into customers. You can use different analytics hacks to determine which one of your competitors has the highest conversion rates. You can also figure out the reason behind these high conversion values.

You will find that most of your successful competitors are using the EBC or Amazon A+ Content. Adding additional images and text to the product description makes it easy for the customers to visualize the product features better. Using video content, you can also demonstrate to your customers how a product needs to be used and how it would solve customers’ problems. It can also serve as the final push a visitor needs to buy the product. Sellers can also learn how A+ Content is being used by their competition to take the lead in the longer run.

♥ Reduction in the return rate:

Before buying a product, the customer wants to know as much as he can about the product. A deeper understanding makes it easier for him to make informed purchasing choices. This reduces the chances of an item being returned. As a result, the return rate decreases.

♥ Better reviews:

In this busy world, people don’t usually have time to research a product thoroughly before buying it. However, that doesn’t mean they would buy everything they come across without proper investigation. Customers would usually prefer products which have been clearly described in the product description.

You can get raving reviews by making purchase decisions easier for your potential customers. This means that the better you describe your product in the Amazon description, the happier your customers will be. It will be easier for them to decide which features they want in their desired item.

♥ An increase in ROI of PPC campaigns and Reduction in ACoS:

The purpose of your marketing strategy should go beyond getting people to click on your PPC campaign. It should be designed to inspire them to buy your products. That’s where A+ Content helps. It reduces the cost of the advertised sale. This way, it increases the overall ROI (return on investment).

♥ Ability to contact buyers who left bad reviews:

As of June 2021, Amazon added a way for brand registered sellers to contact buyers who left negative reviews. Sellers will be able to contact buyers who left negatives reviews with templated emails via buyer-seller messaging system directly in Amazon.

What is Amazon A+ Content consists of?

There are various components of A+ Content, which include:

◊ Varied product images:

A+ Content page contains multiple, varied images of products, including product pictures and close-ups from various angles. It also includes lifestyle shots.

◊ Precise information of the product:

A precise yet informative description of the product is a part of the A+ Content. The product description is where you introduce your product to your potential customers. This description could be within 100 or fewer words.

◊ Bullet points:

The purpose of A+ Content is to provide users with easy-to-understand product information. To make that happen, you need to divide the content into different headings, subheadings, and bullet points. With attractive and clear bullet points, you can use every line to impact the buyers. You can use each bullet points to explain the individual features of the product.

◊ Text divided with headings and sub-headings:

Content needs to be divided into concise paragraphs. Each of these paragraphs should be clear and have scannable headers. The text should explain product features, benefits, and specifications.

◊ What’s in the box section:

The A+ Content should contain a “what’s in the box” section. This section should list all products’ components. This informs the buyer exactly what he is getting.

◊ Comparison charts and videos:

The seller can also add 360° product views, videos, and matrix. This helps in cross-selling items from the same product category.

How to create Amazon A+ content?

Before you create Amazon A+ Content, you need to choose the products you want to enhance through this marketing strategy. You can manually select these products. Even though all ASINs can use A+ Content, there is still some groundwork involved. It requires research to determine whether or not the extra content created will offer a return on investment. You need to make sure if the time and resources utilized will increase sales and revenue for the brand.

If you are unsure which ASINs you need to add to your brand catalog, we suggest you begin with your top sellers. You can also focus on the products that represent your brand or tell its story. The products being sold at a premium price can also be chosen. The seller can also add the products that already drive sales through promotions and seasonal campaigns to their brand catalog.

Once you decide the products to be enhanced, you will get two options to choose from.

Self-service
Module built By Amazon

The self-service option allows the seller to add up to five different design modules to each product page. It is the most recommend choice for the majority of the ASINs. The seller can choose from over 12 different basic modules. Before selecting the modules to be added to the product page, the seller needs to figure out what works best for a particular product.

According to the experts, while creating A+ content, the seller needs to consider the following points:

Make it easy to scan:

The purpose of using A+ Content is to make it easy for potential customers to understand the product. Therefore, the product description should be easier to scan. To make that happen, you need to break the description into small paragraphs, add heading & sub-headings, bold important text, and use HTML formatting options. This will make it easier for consumers to understand the main features of a product at a glance.

Effectively combine text and images:

Use relevant images with texts while describing a vital feature or unique selling point of a product and vice versa. Make sure the image supports what the text says. Don’t add images that confuse the readers.

Take inspiration from consumer feedback:

Understand which product features your customers appreciate the most. Use their positive feedback as an inspiration to create A+ Content. You can highlight these features in comparison charts as well as product descriptions. If that doesn’t work, you can describe these features in the customer question and answer section. You can use the FAQ module to make that happen.

Steps for creating A+ Content:

There is a series of steps the seller needs to follow to create Amazon A+ Content. Some of these steps include:

Step 1:

Use appropriate credentials to log in to your Seller Central account. Make sure you are registered as a brand before you proceed further. For that, you need to get Amazon Brand Registry. You don’t get access to A+ Content tools by simply opening an Amazon Seller account. These tools are only reserved for the brands Amazon finds legitimate.

All that you need to apply for Brand Registry:

Pro-subscription to an Amazon Seller Central account
Get Amazon Brand Registry for every brand you wish to use the A+ Content feature for
Get a registered trademark for the exact brand name (registered trademark must coincide with the brand name on Amazon, it’s even case sensitive).

Step 2:

Click on A+ Content Manager in the advertising section.

Step 3:

Go to the A+ content manager page and press the “start creating A+ content” option. After clicking this option, you get access to a template that needs to be filled to create Amazon A+ Content. Now you get to choose from two services including:

Self-service modules
Amazon builds for you

Step 4:

Choose the module that best suits your product and brand. By clicking the Self-service modules, you will be redirected to a page where you are supposed to enter the ASIN for which you want to create the content. Then, you get access to a variety of options to build layouts and modules.

After choosing the ASIN, you need to select BUILD LAYOUT. There are over 12 types of modules that Amazon offers. These are categorized into two groups, including Standard and Advanced. Standard modules have 10 options to choose from, whereas advanced has only two.

Out of these 12 modules, the seller can use five modules per product page. The seller can either use the modules available as they are or mix as many as he desires. Access to modules varies for every package. The fee for the packages varies from time to time. On the contrary, the price of the cart depends upon the module selected by the seller.

Click the continue button once you have selected the package that suits your need. Now start uploading content and images. Once done, you can see how the page looks like by clicking on the preview option.

To see the pricing and the details of the package selected, you need to click the “Add to cart” button. There you have access to the premium A+ Content feature.

Step 5:

Choosing Amazon Built modules will take you to a page where you don’t need to do anything except upload images and text. Amazon will take care of the rest of the work.

Step 6:

Choose a descriptive and meaningful name for the project. Make sure it is easily understandable and memorable for you.

Step 7:

Now it’s time to upload the content after designing the layout. Create a zip folder for images to preview them. Make sure they look exactly how you want and publish them.

Step 8:

Double-check everything. If it seems good, press the Finish button. Once all the details are filled in correctly, Amazon will review the content before making your A+ page live. It will take seven business days for that to happen. However, if you fail to comply with Amazon A+ content guidelines, you will end up being rejected.

What is the cost of Amazon A+ Content?

Amazon A+ Content feature is available free of cost for sellers and vendors at the moment. However, to access the Premium A+ content feature, they need to pay a steep price. Premium A+ content is an invite-only feature.

Amazon has added a new feature, “Manage Your Experiments,” that lets sellers track their A+ content. This allows them to perform A/B tests on their A+ content. To effectively market your business, you must understand what your target audience wants. That’s the insight this new feature offers. We would suggest you take one step at a time.

Before making an update, have an action plan. Be sure of the results you are expecting from the test and plan to achieve them. Produce two versions of the hypothesis. Track the results in a few weeks to understand the outcomes and how it worked for your business.

The Best Practices for Amazon A+ Content:

Various practices help you achieve the results you expect from your Amazon A+ Content strategy. Some of them include:

1. Highlight the USP of the product:

Know the USP (unique selling point) of your products. Once you have that figured out, you need to answer two more questions. You need to know the major benefits of your product and how it will help your customers.

2. Keep it short and to the point:

Explain to your consumers what you are offering without making them read a whole lot of text. List the main features and benefits of your products using headers, sub-headers, paragraphs, and bullet points. Keep the content short and precise. The less time it takes for your consumers to make the purchasing decision, the happier they are going to be.

3. Create error-free content:

There are some symbols and characters that you cannot use while creating A+ Content. These symbols signs include copyright, registered trademark symbols, as well as 3^rd parties’ registered trademarks and logos. Also, you cannot have a hyperlink to any other website while creating Amazon A+ content. But you can add a link to ASIN within the module type.

Wrapping up!

Amazon A+ Content allows brand owners to add high-quality images and video content to their product descriptions. This helps them attract more consumers. There are various graphical visuals that sellers can use to enhance product descriptions, including comparison charts, HD videos, and high-quality images.

The reason sellers want to use enriched multimedia in their product description is to improve the user experience. It is a user experience that drives traffic to product listings and adds to the conversion rate.

In simpler words, using Amazon A+ Content, you go one step ahead to create content that makes product features and benefits easier to understand for the consumers. By offering your customers a sophisticated online shopping experience, you add to your conversion rate and eventually your sales.

All You Need to Know About Co-Branding Partnerships

Posted on November 26, 2020 by trademarkangel

All You Need to Know About Co-Branding Partnerships

Co-Branding Partnerships: Nowadays, many leading brands form strategic partnerships amongst themselves for advertising purposes and to increase the value of their trademark. This is done to improve their marketing efficiency and create collaboration amongst two non-competing brands. They align their efforts towards their target audience and create promotional strategies together, to create a mutually beneficial partnership between the two involved parties. There are many examples of successful co-branding partnerships, even amongst those companies which were considered to be formidable rivals such as McDonald’s and Burger King. However, they came, and they conquered!

If done successfully, co-branding partnerships can be a successful brand strategy that now only helps increase brand awareness, but also to tap into newer markets and grow the business further. It also increases the value of a registered trademark and makes your trademark an invaluable asset. Huge brand names such as Apple, Amazon, Spotify, and Nike etc. have all got in on the action and gained a tremendous response from their customers.

How to Choose a Partner for Your Brand?

There is no hard and fast rule regarding what type of brands should partner up. These partnerships can include anything from events to competitions etc. However, you should consider some aspects before you decide on taking on the co-branding strategy for your business. Here are a few things to look for in an ideal brand partnership:

1. Shared Values

Every brand is defined by the values it puts out into the world. You must make sure that your values do not clash with your potential partner brand’s values. These values should align in a way that they aim to provide something similar to your targeted customers. This can be better quality or lower prices etc. Even if your brands share the same ethics, e.g. going green initiatives, it will help you find something tangible to align your actions further.

2. Relevant Consumers

You should make sure that your brands are not targeting completely opposite crowds; otherwise, it can get challenging to expand your horizons. The partnership should not seem forced. That is why some consumer relevance is necessary beforehand. You will not benefit if you decide to co-brand with a partner that does not even understand your audience.

3. Aligned Objectives

Although it is not necessary to have the same targets, the overall objective of the partnership should be the same. For example, both brands must either be looking to build awareness or boost their sales. This will help to keep your marketing activities more focused.

4. Trust

Perhaps the most important aspect to consider before you enter such a partnership is to establish trust and respect amongst each other. You must be able to trust that your partner will work for the betterment of both the parties and be transparent and collaborative throughout the process.

The Benefits of Co-Branding Partnerships

A successful co-branding partnership can help your business achieve benefits like:

1. A wider audience

Doubling up with a partner means you get to enjoy a much broader audience which you weren’t able to tap into before. It can pretty much, double your outreach.

2. Create a Buzz

Sometimes, when two forces join together to create something unique, it gains much attention. You can get a lot more social media buzz, news coverage and huge traffic inflow to your websites as it gives people something to talk about. This can be very beneficial for enhancing the visibility of your business.

3. Alters Your Brand Perception

You can also use such partnerships to change or improve the image of your brand. Some companies team up with those who have a better social responsibility image which helps them gain considerable attention from those who prefer sustainably conscious businesses.

4. More diversification

Suppose your business has been unable to break into a market or reach out to a specific demographic. In that case, a co-branding partnership can help you break these barriers and diversify your audience. You should try to team up with a brand which already has experience regarding the demographic you want to reach out to.

5. More Resources

Partnering up with another brand can greatly improve your resource pool. You will get insight into new marketing techniques which you were not even aware of. After all, two heads are always better than one! Experts from different fields can come together and create something out of the box that will be mutually beneficial for both the brands.

Some Successful Co-Branding Partnerships Examples from the Real World

If you need some more inspiration, here are a few successful co-branding partnerships that will help make up your mind:

Airbnb and Lego

Airbnb and Lego recently partnered up and created a huge buzz in the marketing world. They started a competition in which they targeted potential builders to create something extraordinary if they had an unlimited supply of LEGO bricks. The winner got a chance to spend a night in the new LEGO House in Denmark.

Red Bull and Go Pro

The two brands created a great partnership as one had the tools for extreme sports such as racing or stunts and the other being an energy drink. The alliance between the two proved immensely favourable due to their shared values of thrill and adventure. In one attempt, a skydiver jumped from a space pod with a Go Pro strapped to him which set three world records and put both the companies in the media’s attention.

BMW and Louis Vuitton

Although this might not seem like an obvious pairing, they have one thing in common – luxury. They are known for their high-quality craftsmanship and field travel. This is why their co-branding campaign included a new sports car model and a set of bags and suitcases designed by Louis Vuitton that perfectly fit into the car.

Starbucks and Spotify

These two brands created an innovative partnership by building a music ecosystem in which musical artists gained better access to the customers of Starbucks. These customers, in turn, enjoyed the extensive access of music through Spotify. It helps the artists get more visibility as well as extends the coffee shop experience for Starbucks goers.

Apple and MasterCard

Apple created its Apple Pay app to help people use their credit or debit cards without having the card on hand. Thus, MasterCard stayed ahead of the competition and started allowing its users to store their data on Apple Pay to create a more convenient option for their customers.

See? There are so many ways you can take advantage of a strategic co-branding partnership. The recent Covid-19 pandemic has left businesses scrambling. This is the time to try something new and exciting. And co-branding can help you revitalize your business in such trying times by giving your marketing efforts a much-needed energy boost. For more related content click here.

The Truth About Second Hand Trademarks

Posted on August 31, 2020 by trademarkangel

The Truth About Second Hand Trademarks

At Trademark Angel, we are often asked about buying existing trademarks, instead of going through the long process of registering a new trademark. And as always, we tell our clients, Second Hand Trademarks it’s a terrible idea.

But the truth is, just like everything else, there are exceptions to the rule. Let’s take a few minutes to think about why buying a second hand trademarks is not a good idea, and when it might be your best option.

The most important benefit of registering your brand’s trademark is that it gives you the right to protect your brand identity from marketplace confusion. More so, you want to avoid counterfeiters with low quality knock-off products and services, destroying the reputation of your high quality brand. Even in the case where there is no intentional misconduct, a registered trademark allows you to stop unintended infringements and protect the goodwill of your brand.

You may take it for granted that you automatically get these benefits by simply having a registered trademark. Unfortunately, that is simply not true. You need an “enforceable” trademark.

In order for your trademark to hold up in court, the trademark registration must be done correctly. You need:

The right International Class for your products and services.
A thorough and complete trademark search.
The filing is done properly with a real specimen and history of commercial use.

Actually, there are too many details to list here. Just know that if you don’t do your trademark correctly, there is a good chance it will not be enforceable in court.

When you file your trademark with the help of a knowledgeable and competent agent, you get all of these protections. But when you buy a second hand trademark, you never know what you’re going to get. And who knows what the real history is of that trademark. Do you really want to carry the reputation of the previous owner?

So, when is it a good idea to buy an existing trademark?

Well, for one case, you might not care about the international class. I mean, of course you need the right class to enforce your trademark in court, but maybe that’s not something you care about. Since that’s the entire purpose of a trademark, why would anybody want to do that?

Because Marketplace Facilitators like Amazon don’t care about international class, once you get any trademark in any class, Amazon will allow you into the Amazon Brand Registry and enforce your brand across all Amazon categories.

Truthfully, that’s not how trademark law works. But that is what Amazon does. In this article we are only discussing buying a second hand trademarks for the purposes of selling on Amazon. Despite the fact that enforcing a trademark in a class you don’t have an open you up to civil liability down the road, a huge number of Amazon sellers are doing this today.

If you are going to buy an existing trademark for the purpose of unlocking the Amazon Brand Registry, you still need to make sure you buy the trademark from a trusted source. You need to know the trademark was filed properly, and the brand does not have a sordid history.

Trademark Angel is now working with trusted and checked providers to offer you good clean trademarks for a reasonable price. For about $3,000 we can help you obtain a brand with an existing trademark properly registered in the US. This option gives you the fastest possible access to the Amazon Brand Registry with an ability to remove hijackers, sometimes in as little as 24 hours.

These existing trademarked brands are in limited supply. E-mail us to find out about our availability.

Common Ways Amazon Seller Accounts and Product Listings Get Suspended and How to Avoid Them

Posted on August 10, 2020 by trademarkangel

Amazon account suspension

Getting an ASIN, or worse, an Amazon account suspension feels a lot like falling into a black hole of confusion. It can be incredibly frustrating, especially since Amazon is often very vague about why an account or listing gets suspended.

Often, when an account or ASIN gets suspended, a seller has to sift through their listings and scramble to find the cause of the suspension. It’s not ideal and a big mess. The best way to avoid this is to make sure an account or ASIN doesn’t get suspended in the first place.

The following are the most common factors that lead to account and ASIN suspension and how to avoid them.

Unapproved Language

Certain phrases and keywords can result in an ASIN being suspended. Enough offenses and Amazon will suspend the account.

COVID-19: A lot of sellers have tried to cash in on COVID-19, but all ASINs with any mention of the coronavirus must be pre-approved by Amazon.
BOASTFUL LANGUAGE: A majority of sellers want customers to think their product is the best, but that doesn’t mean they can claim it’s the best. Such claims (like top-rated, best-in-class, best-selling, or the like) must be substantiated by a note in the text with a study, publication, or other evidence, and year. Additionally, sellers should avoid using boastful marketing language (i.e. most amazing) in their content.
CBD: Any products containing cannabidiol (CBD) are prohibited, along with any products containing hemp seeds that can be germinated. Regular hemp oil is acceptable as long as it isn’t “full-spectrum” or “rich” and doesn’t contain CBD. Usually, listings with the terms CBD, cannabis, or hemp seed are quickly suppressed by Amazon.
Pesticides: Amazon is very strict when it comes to pesticides, even banning words sellers usually wouldn’t associate with pesticides such as antimicrobial, antifungal, antibacterial, and anti-mold.
FDA Approval: Sellers need to provide documentation of being FDA-approved.
Trademarks: There are some words many Amazon sellers don’t realize are trademarked, including the names of colleges and universities, sports teams, Velcro, Xerox, and BlueTooth. Of course, the seller can use these terms as long as they’ve been approved by the original owner or if their product actually uses the same brand as the term.

Not sure if a listing violates any of these keywords? Our Amazon consultants can help you keep your account safe!

Copyright Infringement

Watch out for copyrighted material. If a seller uses copyrighted material, such as text or images, they can be reported and suspended for copyright infringement. A seller should either use all-original content or should obtain approval from the rights owner.

Inaccurate Product Information

Amazon requires listings to provide the exact details and specifications of the product. If the measurements, color, material, or functionality of the product are mislabeled, the listing will quickly garner poor reviews, and if too many customers say the product wasn’t as listed, Amazon will suspend the listing.

Restricted Products

Amazon can suspend a seller’s ASIN or account without notice if they’re caught selling prohibited items.

Amazon Restricted Products

Not selling prohibited items sounds like a no-brainer, but there’s more to it than that. Amazon’s Fulfilled by Amazon (FBA) program won’t ship certain products that would be eligible otherwise.

FBA Prohibited Products

Poor Seller Performance

Amazon cares A LOT about its customers. If too many customers are dissatisfied with the seller, Amazon can suspend—or even terminate their agreement—with the seller.

To maintain a good seller performance, a seller needs to be wary of their:

Order defect rate: the percentage of negative feedback sellers receive on customer orders
Pre-fulfillment cancel rate: the ratio of seller-fulfilled orders sellers cancel before shipment
Late shipment rate: the ratio of seller-fulfilled orders that are not shipped on time

If a seller wants to learn how to improve their seller performance, they should consider working with Buy Box Experts. Our experts have hands-on experience helping brands turn a profit. To get started, request a free listing analysis.

Play By the Rules & Stay Safe from ASIN and Amazon Account Suspension

Amazon can be unclear about why they suspended an account, but these tips cover most of the reasons.

A brand needs to review their listings and make sure they’re in pristine condition. If a brand needs further help with their account, they can register for a free listing analysis, and our seasoned Amazon consultants will help.

What are Trademark Assignments? How can I transfer my trademark to somebody else?

Posted on May 20, 2020 by trademarkangel

When assigning US trademark applications and registrations you must take into consideration many potential issues that may arise. There are critical requirements for trademark assignment that must be met for an assignment to be legit. This article, hopefully, will give you insight and factual advice applicable to all trademarks. Also included are special requirements for assignment of US and other trademarks.

You must know that it is of the utmost importance that US trademark assignment filings meet these specifications. Anything else can open an assignment to legal challenge. This cannot stand and any third party can challenge the trademark in court and invalidate the registration.

“Goodwill” is the key to US Trademark law. Goodwill is defined as “The desirability of the goods or services which are identified by the trademark or service mark.”

A trademark is worthless without its goodwill representation. Section 10 of US Trademark Act (otherwise known as the Lanham Act) establishes that all trademark applications must include a written description of the trademark that establishes the goodwill intent of the trademark. Included with this requirement is a foreign registration under Section 44 of the Lanham Act.

It should be noted that to avoid discrepancies or any doubts, the word “Goodwill” must be included in all written trademark assignment of US trademarks.

Vital to this process is if the trademark owner has begun to use the trademark or not. If so, this person must file a “Statement of Use” with the US Patent and Trademark Office. You can use the “Amendment to Allege Use” form or a “Statement of Use” form. Once these have been filed, the rules of assignment are the same as those for use-based trademark applications and registration. See 15 U.S.C. 1060(a).

Now the rules are different if you have not begun to use the trademark. If this is the case, then US Trademark Law mandates the assignment be given to a successor to the applicant. This means a trademark follows a business if it is sold. This is called “Intent to Use” provision of 15 U.S.C. 1060 (a)(1).

When it comes to challenging the validity of a trademark assignment it is not contemplated by the USPTO. This is left to the courts and case law. Hence why it is so important to have your paperwork up to par.

If no transfer of trademark occurs with the sale of a business, this is called “Assignment in Gross” or sometimes, a “Naked Assignment”. This can lead to a new owner losing their rights to a trademark. In addition, a buyer’s business must be related substantially to the goodwill of the trademark’s intention. The whole idea is to prevent consumer confusion. See Sugar Busters LLC v. Brennon (5th Cir. 1999).

This “Assignment in Gross” can also occur when a seller abandons a trademark before the assignment takes place by lack of use either purposely or mistakenly. Most importantly, an assignment or trademark application can be voided if the trademark is sold without the business itself. A business and trademark are forever linked by law. If not, a third party may sue to obtain the trademark if a business is sold apart from the trademark.

It’s all about maintaining the integrity of what the trademark symbolizes. Imagine a Coke logo being used by Pepsi to promote its products.

This is why when we are asked: “Can I just buy a trademark?” we usually advise against it, as you can’t simply buy a trademark without an associated business. You can do this, but your trademark may be challenged and invalidated so we recommend filing your own trademark instead of trying to buy somebody else trademark, unless you buy the associated business and line of products as well.

Now, we’ll talk about the necessary ingredients for an assignment:

To record an assignment, we will need to prepare an assignment document that will have to be signed by the assignor. We will then file this assignment document with the Trademarks Office. It will take approximately 2-3 weeks for the Trademarks Office to record the assignment. In most countries (USA, Canada, UK, Germany) it takes only a few weeks for the assignment to be recorded.

In order to prepare an assignment document, we need to know the following information:

– name and address of the assignor (who transfers the mark)
– name and address of the assignee (to whom the mark is transferred)
– name and serial numbers of trademarks that are being assigned
– full name and title of the signatory for the assignor

The assignor will need to sign the assignment document once it’s ready. In some jurisdictions, like the EU, the assignee also needs to sign the assignment document.

An assignment may be necessary if you are an Amazon seller and you registered trademark in your personal name (Joe Dones, for example), but your Amazon seller account is opened in company name (Dones Food LLC). In this case, you may have difficulties getting approval to Brand Registry as Amazon may see your own trademark as not belonging to the same entity as the Amazon seller account and they may see as you trying to use “somebody else’s” trademark when you apply. Therefore, one of the solutions will be to transfer your trademark from your personal name to your company to avoid problems with Amazon Brand Registry.

In conclusion, if you own a trademark or desire one, it is vital you get proper advice and legal representation to walk you through the process.

For our other article about trademark assignment including assignment costs, please check our newer article.

Trademark Registration

North America

South America

Europe

Australia