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The Top Five Trademark Registration Options for Amazon

May 21, 2020 Leave a Comment

What is the best way to get a trademark registration for Amazon in a timely manner?

By: Preston P. Frischknecht

If you sell online, getting a federal trademark registration to protect your brand can be an important tool. For example, eligibility for the Amazon Brand Registry generally requires a federal trademark registration. Many eager sellers are surprised to learn that it may take months or longer to obtain the trademark registration.

registered on amazon

So, what are the best trademark registration options for Amazon and how do you get it in a timely manner? Here are some options compared:

1. Do it Yourself (DIY)

Like many things, it’s possible to get a trademark registration by doing it yourself—you will save some money if you pull it off. But, one Stanford study shows that pro se applicants are less than 50% likely to succeed. Delays, failure, wasted filing fees, and costly rebranding can be painful. Unsurprisingly, the USPTO “strongly encourage[s]” use of a U.S.-licensed attorney who specializes in trademark law. So, trying to get a trademark registration by yourself is probably not the best option.

2. Online Trademark Filing Service

There are many online trademark filing services (think Legalzoom.com) that are DIY+, offering to file trademark applications for between ~$100 and ~$500 (not including government fees). Unfortunately, many of these sites skimp on upfront due diligence and work. They also aren’t great at gleaning and analyzing the information necessary for preparing a well drafted trademark application. Problems during trademark examination like added costs and delays are still common in this approach. While online trademark filing services are slightly better than DIY, they are usually not as good as a traditional law firm.

3. Law Firm

Using a traditional law firm is the tried and true way to do trademark registration. Again, if a firm has good trademark attorneys, your chances of success go up dramatically (as mentioned above). The problem is that this is a very costly route: according to the American Intellectual Property Law Association (AIPLA) 2019 Report of the Economic Survey (“2019 AIPLA Survey”), the median cost for trademark attorney work (like a trademark clearance search and opinion, trademark application, and trademark prosecution) is $3,230, not including government filing fees. For many folks, this is just too expensive.

4. Amazon’s IP Accelerator Referral Service

In a variation of the law firm option, Amazon advertises a list of trademark attorneys to obtain trademarks for the Amazon Brand Registry at pre-negotiated rates. However, these rates are still relatively expensive. For example, an Amazon IP Accelerator attorney charges $2,400 for a comprehensive trademark search and trademark application (not including government fees). According to the AIPLA Survey, this is higher than the median cost of around $2,000 for the same services by other trademark attorneys. So, Amazon’s IP Accelerator referrals are better than DIY and online filing services, but close to traditional law firm expense.

5. Solo Trademark Attorney or Small Firm

Solo trademark attorneys and small firms are usually less expensive than larger law firms and they can perform as good or better than them. This is the case because bigger firms have larger overhead to cover. In fact, according to the 2019 AIPLA Survey, solo attorneys are typically 32% less expensive than their peers at larger firms. So, using an experienced solo or small firm trademark attorney is a great option. You will do much better than you would on your own or with an online trademark filer, and with less expense than a regular law firm or Amazon’s IP Accelerator Referral Service.

 


BrandTrademarkRegistry

Contributor Preston P. Frischknecht is the principal trademark attorney at Brand Registry Trademark. Brand Registry Trademark is a small intellectual property law firm specializing in legal services for online sellers throughout the United States and abroad.

Filed Under: Account Health, Amazon, Attorney, Customer Serivce, General, Intellectual Property, IP, Lawyer, Seller Central, Seller Performance, Trademark Tagged With: Amazon, Amazon seller, Attorney, Brand, Copyright, Deactivated, Intellectual property, Inventory, IP violations, Registered, Suspended, Suspension, Trademark

The many kinds of intellectual property violations on Amazon

May 18, 2020 Leave a Comment

Intellectual property violations on Amazon run the gamut, but all put your seller account at risk

By: Kayla Forrest

Intellectual property rights are taken seriously. Why? Because intellectual property violations on Amazon can turn into a legal issue. 

When it comes to Intellectual Property (IP), Amazon protects itself. And to protect itself, Amazon gives the benefit of the doubt to the alleged Rights Owner. If a Rights Owner (RO) made a complaint that their IP was violated, and Amazon did not act, Amazon would be legally liable. 

Unfortunately, this creates terrible headaches for Amazon sellers who are often incorrectly warned – and even suspended – over trademark, copyright, patent and counterfeit claims. 

Intellectual property
Standard IP complaints on Amazon

Trademark is one of the most commonly filed IP complaints. A trademark is a legally registered symbol or word(s) that is used for representing a product or company. If an RO has a registered and active trademark, and is being shown on someone else’s detail page or product, enforcement can occur.

This can also happen with a Common Law Trademark (unregistered trademark). Amazon will warn sellers for Common Law Trademarks when the trademark can be verified. This means the trademark must be known in the region it is being reported, and it must be associated with the RO.

Copyright infringement means that the RO’s work is being used without permission. This applies to a picture, book, film, song and many other forms of media. On Amazon, this complaint is more likely to occur with images. If an RO can show that there is a violation by providing information about the work or the copyright registration number, the seller will be warned. Technically speaking, the media does not need to be registered at all.

There are two types of patents that can be reported to Amazon. These are design patent and utility patent. To put it simply, a design patent is for the visual qualities of a product. A utility patent will protect the functionality of a product. A valid, registered and active patent must match a supposedly infringing product. Dealing with a patent infringement issue can be very difficult. It may be best to seek legal advice if the situation occurs.

The most common IP complaint: counterfeit

The most common infringement type that a seller may face is for counterfeit product claims. For an RO to report a counterfeit claim, they must have a registered and active trademark. The trademark must be seen on the product, and the RO must be claiming the products are fake or counterfeit. Frequently, an RO will declare exclusive distribution when supporting their counterfeit claim. Amazon clearly states that they will not support an exclusive distribution claim. Therefore, it would be useful for sellers to look out for exclusive distribution when attempting to contact an RO.

What to do when IP complaints are filed

In conclusion, all of these intellectual property claims can cause headaches for sellers. But with the right knowledge, you can gain reinstatement for your account or ASIN. Even though Amazon is looking to protect itself and the RO, all sellers deserve a chance to appeal infringement warnings. Proper advice can help the seller move past the issue and prevent future enforcements.

Most importantly, don’t ignore IP complaints. Address them head-on. If Amazon thinks you are not serious about these and other warnings, you are at much higher risk of losing your selling privileges — maybe permanently.

Need to talk about intellectual property violations on Amazon issue in your account? Give us a call 877-289-1017 or visit our website.


Kayla Forrest focuses on appeals for Amazon account and ASIN reinstatements. Kayla has 4 years of Amazon experience where she worked in Seller Support and as an Investigation Specialist. In those roles, Kayla dealt with escalations and focused on FBA, intellectual property rights, as well as brand and product gating.

Filed Under: Account Health, Amazon, Attorney, Customer Serivce, FBA, General, Intellectual Property, IP, Lawyer, Seller Performance, Trademark, Verification Tagged With: 3P, 3P seller, Amazon, Amazon FBA, Amazon seller, Appeal, Common law trademarks, Copyright, Coronavirus, Counterfeit, Deactivated, Deactivation, Documents, Fake, FBA, Inauthentic, Intellectual property, Inventory, IP violation, Patents, Reactivated, Rights owner, Suspended, Suspension

Spring clean your Amazon seller account

May 8, 2020 Leave a Comment

Don’t let a messy Amazon account cause problems or hamper sales. Clean it up!

By: Jay Morane

Spring has sprung. Don’t only spend time cleaning your house. Invest some time spiffing up your Amazon seller account. That’s right, spring clean your Amazon seller account.

I want to give you a few tasks you can tackle today that will help reduce the risk of future problems. In addition, I’ll offer suggestions that may increase sales. 

You can’t spell Spring without IP

Anyone who has dealt with an intellectual property (IP) issue will tell you that they are not fun. IP issues can be related to trademark, copyright, counterfeit, or patent. Unfortunately, they can be pretty complicated.

There are steps you can take today to reduce the possibility of an IP issue in the future and better prepare you to address one if it should happen:

  1. Clean up your inventory. Just because a listing is inactive, out of stock or you have never sold it, that does not mean it cannot cause you headaches. IP issues can arise from any listing that appears in your inventory, even if you never had any units of that item for sale. If you have a bunch of listings in Manage Inventory that you are not going to sell, delete them! Why take a chance on having to address an issue that you can prevent just by deleting the listing?
  2. Can I see your license and registration? If you are selling licensed, copyrighted or trademarked products, you are at risk for an IP issue. That is the harsh reality of selling on Amazon. Even if you are authorized to sell a product, at some point, you could be asked to prove it is authentic. If Amazon were to request documents such as a Letter of Authorization or Licensing Agreement, do you have that paperwork? Now is the perfect time to get yourself prepared for just such a situation. If you do not have these documents, contact your supplier or the Rights Owner to get them now. Keep them on file. That way if something does happen, you can respond quickly and minimize the downtime for your account.
April showers bring May … Product Detail Pages:

When was the last time you looked at your Product Detail Pages? Let me clarify that. When was the last time you looked at them on your phone? 

A very wise colleague pointed out to me that most of the shopping done on Amazon is through the use of mobile devices such as our phones. However, most sellers create their listings on PCs and laptops, which have fairly large screens. The pages are created with images to be seen on these larger screens, and the titles may get a bit lengthy to maximize the search exposure. 

Then there are the bullet points and descriptions, which can also get a bit wordy at times. In the end it looks great on a 24-inch monitor screen, but how does it look on a 4-inch cell phone screen?

Now is a good time to go back and look at some of your Product Detail Pages from a different perspective – a smaller one. Break out you cell phone and take a look at some of your PDPs. Do they convey the necessary information in the smaller format? Are they easy to read and understand? Do the images appear clear and easy to see? Are your bullet points ordered with the most important one first?

You want your Product Detail Pages to be clear and concise at any size.

Have questions? Now is the time to get answers

Don’t wait until crazy Q4 to have your critical questions answered. Just spring clean your Amazon seller account! If you need advice or have questions about your Amazon account, ask them now! Check out the help files on Seller Central. Go through Seller University. Start some discussions in your favorite Amazon seller groups.

Or, if you need help, don’t hesitate to contact us at Riverbend Consulting. We are happy to get your account shipshape. Let’s talk 877-289-1017 or visit our website.


Jay Moran is a Consultant at Riverbend Consulting. He is a strong advocate for the sellers and goes above and beyond to use his skills to help in every way he can. Jay has experience in Amazon Seller Support/FBA as well as the Amazon Account Health Team. He worked with sellers to assist them in understanding the metrics and policies related to their Account Health as well as assisting them with reinstatement.

Filed Under: Account Appeal, Account Health, Amazon, ASIN, Attorney, Customer Serivce, General Tagged With: Amazon, Amazon seller, Attorney, Copyright, Deactivated, Deactivation, Intellectual property, Inventory, IP violations, Lawyer, Mediation, Mobile-ready, PDPs, POA, Product detail pages, Reactivated, Suspended, Suspension

Should I hire a lawyer for Amazon suspensions?

May 8, 2020 Leave a Comment

Working the appeals system with a skilled Amazon consultant creates better results

By: Lesley Hensell

When my Amazon seller account is suspended, should I hire a lawyer? No. An attorney should not be your first call.

It’s an understandable knee-jerk reaction to start searching for a legal eagle. After all, Amazon has all the resources in the world. In other kinds of disputes, attack-dog lawyers are a great option for companies that need a fighter on their side.

But an Amazon suspension – whether for an account or an ASIN – is a very different animal from a lawsuit. Plus, there are several reasons that hiring an attorney early in the process can actually make it less likely you will be successful in your dealings with Amazon.

Amazon Suspension
Legal eagles don’t fly in reinstatement appeals

There are a few simple reasons that attorneys do not make good Amazon appeal writers:

  1. A key element to any account appeal or ASIN appeal is an admission of guilt. Amazon wants to know what you did wrong. Lawyers are opposed to admitting guilt – even if you were wrong. They are concerned that an admission of wrongdoing would hurt their client in future litigation. But without the admission, reinstatement will almost never happen.
  2. Lawyers make threats and demands. Instead of going through the appeals process, some attorneys encourage sellers to send demand letters to Amazon’s legal department. This is a tremendous mistake. If you approach Amazon Legal instead of going through standard appeals channels, Amazon is very likely to stop communicating with you. Any future appeals you submit would be completely ignored.
  3. Attorneys are not e-commerce consultants. For many appeal types, it’s critical that you correct failed business processes. The best appeal writers have experience with business processes and e-commerce. They know how to help your company identify gaps, update your SOPs and explain the results to Amazon.
  4. Lawyers haven’t worked inside the Amazon machine. Ideally, your appeal should be written by somebody with an in-depth understanding of Amazon’s thinking, SOPs and structure. Teams that include ex-Amazon employees from Seller Performance and Seller Support can provide insight and guidance that a law firm cannot. Plus, Amazon consultants know how to work multiple channels inside of Amazon to solve your problems.
  5. You cannot sue Amazon. With very limited exceptions, third-party sellers cannot file lawsuits against Amazon. This is part of the Business Solutions Agreement (BSA), which governs the relationship between the two parties. 
When should I hire a lawyer?

There are some limited circumstances where third-party sellers should hire an attorney to protect their interests on the platform:

  1. Intellectual property complaints can be difficult. Oftentimes, an Amazon consulting company like Riverbend can help you appeal these successfully. But in limited circumstances, you may need an attorney to defeat a complaint made against your company. Keep in mind, in these cases the attorney isn’t fighting Amazon on your behalf. Rather, the lawyer communicates with the alleged rights owner to try and convince them to remove their complaint. Or, in some cases, a lawsuit against the alleged rights owner may be necessary. This is particularly true for patent claims.
  2. Sometimes, mediation is the end game. If the appeals process fails – both internally at Amazon and externally with government and quasi-government agencies – it’s time for mediation. This is allowed under the BSA. Some sellers choose to attack the mediation process themselves or with the help of a consultant. Others with a lot of money at stake may choose to hire an attorney to help with the process.

Our Riverbend Consulting team is full of ex-amazonians ready to help you.  Let’s talk 877-289-1017 or visit our website.


Lesley HensellLesley is co-founder and co-owner of Riverbend Consulting, where she oversees the firm’s client services team. She leverages two decades as a small business consultant to advise clients on profitability and operational performance. Lesley has been an Amazon seller for almost a decade.

Filed Under: Account Appeal, Account Health, Amazon, ASIN, Attorney, Customer Serivce, Lawyer, Seller Central, Seller Performance Tagged With: Amazon, Amazon seller, Attorney, Copyright, Deactivated, Deactivation, Lawyer, Mediation, Reactivated, Suspended, Suspension

Amazon taking up to 30 days to review price gouging appeals

May 8, 2020 Leave a Comment

Both preemptive and suspension appeals are lagging for weeks

By: Lesley Hensell

Price gouging appeals to Amazon are lagging. Therefore, Amazon sellers under fire for price gouging could be waiting up to a month for a response from Seller Performance.

This shocking development comes after Amazon suspended or threatened to suspend thousands of accounts for alleged price gouging violations. Riverbend Consulting can confirm that one of our clients received approval of their Plan of Action yesterday – after almost 30 days of waiting.

Since mid-March, a growing number of Amazon third-party sellers have been warned for price gouging. In some cases, their individual ASINs have been blocked from the platform. After a few ASIN-level warnings, sellers then receive requests for a Plan of Action within 72 hours. The plan is to address violations of the Amazon Fair Market Pricing Policy. 

In some cases, Amazon skips all the second chances. They then take the seller straight to a suspension or block of their selling privileges.

price gouging appeal to amazon

Why is this happening?

Since Amazon is under pressure from the public and government regulators to stop price gouging during the current health crisis. Some state and local jurisdictions make it illegal to raise prices on essential items more than 10 percent during times of disaster.

Unfortunately, Amazon’s enforcement of its Fair Market Pricing Policy has been an unmitigated disaster in its own right. Many sellers have been warned or suspended for ASINs where they did not raise their prices or raised prices commensurate with their increased inputs for COGS, labor, transportation and more.

At Riverbend, we’ve seen several appeals for price gouging that have received answers after two to four weeks. In addition, for some suspended sellers, Amazon Seller Performance is sometimes rejecting the POA but not emailing the seller to let them know. So if you’ve had a price gouging appeal lingering, contact Account Health Services and ask for a status. You might just find out that you need to submit an updated POA.

If you’ve been hit with a price gouging appeal, call on Riverbend Consulting. We can help. Let’s talk 877-289-1017 or visit our website.


Lesley HensellLesley is co-founder and co-owner of Riverbend Consulting, where she oversees the firm’s client services team. She leverages two decades as a small business consultant to advise clients on profitability and operational performance. She has been an Amazon seller for almost a decade.

Filed Under: Account Appeal, Account Health, Amazon, Customer Serivce, FBA, General, POA, Price Gouging, Seller Central, Seller Performance, USA Tagged With: 3P, 3P seller, Amazon, Amazon FBA, Amazon seller, Appeal, Copyright, Deactivated, Documents, Inventory, POA, Price gouging, Reactivated, Suspended, Suspension

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