Don’t Get Caught in a Trademark Lawsuit

Many Amazon sellers are at risk of a trademark infringement lawsuit because of Amazon’s approach to trademarks on it’s platform.

For years now Amazon Brand Registry (ABR) has accepted foreign trademark registrations for qualification for ABR. Under this system, there are many foreign applicants who don’t bother registering their mark with the U.S. Patent and Trademark Office, they simply acquire ABR using their foreign registration.

While this acceptance may entitle the user to ABR on Amazon, it DOES NOT give the user trademark registration rights in the U.S., for purposes of a trademark dispute (whether on Amazon or elsewhere).

U.S. trademark law governs all trademark disputes in the U.S., and this takes precedence over Amazon decisions about ABR. Even though you can enroll with ABR in the US with pending trademarks from other countries, you are still susceptible to lawsuits should your Amazon store be infringing on a U.S. trademark owned by another company.

So if you intened to sell products in the U.S. market, it is imperative that you perform a U.S. clearance search of your trademark, and make sure you are protected with a U.S. trademark registration.

If you would like to discuss this further, or if you have any questions, feel free to arrange a Zoom call and we can review your trademark situation and determine if there are any potential dangers.