Markenschutz und BrandRegistry 2.0

by Dorothea Whitehead | 4. October 2017 13:58

Markenschutz mit Amazons neuem Programm: “BrandRegistry 2.0”

Ein wichtiges Thema, das du nicht aus den Augen verlieren solltest, ist wie du deine Marke und dein Business vor “Hijackern” schützen kannst, die sich als Trittbrettfahrer an deiner Marke bereichern wollen. Hierzu hat Amazon “BrandRegistry” entwickelt und neuerdings auch als verbesserte Version “BrandRegistry 2.0” ausgearbeitet. “BrandRegistry 2.0” bietet neue Tools, die die erste Version nicht hatte. Amazon verspricht mit diesen Tools einen verbesserten Schutz deines Listings. Gleichzeitig erkennt Amazon hiermit auch an, dass dein Listing dein geistiges Eigentum ist (was früher so nicht war) und erlaubt dir deshalb mehr Einfluss auf dein Listing.

Billy Heller und Nicole Kulaga von AmazonSellersLawyer haben für uns recherchiert und geben uns einen Einblick in das neue BrandRegistry 2.0 und was man bisher darüber weiß:

Brand Registry 2.0 – What We Know So Far

Amazon sellers want to protect their products and their business. That is why more and more sellers are using private labeling and brand registry. Brand Registry was created as is a tool to protect Amazon sellers. “Many sellers encounter problems maintaining their own listings. Once you are registered with brand registry, you obtain the rights to control the content for your private label products and listings within that registered brand”.

Brand Registry provided sellers with the ability to not only have an extra layer of security, but also, to help manage their listings. Formatting options on listings provided sellers with the option to bold any sections that they choose on their description. For sellers, “this means that you will have control over your product’s ID. You will be able to use a GCID (Global Catalog Identifier), assigned by Amazon, which can be used instead of UPCs”. The original brand registry required sellers to file an application on the Seller Central account called, “Amazon Brand Registry Enrollment Request” and fill out the company’s information.

Unfortunately, Brand Registry was not doing enough to protect sellers. Hijacked listings and infringement became more prevalent on the global platform. Amazon implemented Brand Registry 2.0 to combat the issues that were occurring. The fully unleashed update has provided more tools for IP protection. While the Amazon upgrade is still under development, there is hope that the updated version will tackle the issue of hijackers against Amazon sellers.

Brand Registry 2.0 is intellectual property-friendly. The updated version includes access to information such as a comprehensive list of all the brands that are registered. Sellers approved on Brand Registry 2.0 are able to search their registered marks either by image or brand name. Then, the brand owner will be able to see anyone who is using their images, or brand name in any listings and report any infringement.  Amazon has conveniently placed a direct link for sellers to report of any intellectual property infringement violations.

The IP updates are extremely beneficial to the entrepreneurs that wish to have their creative works protected on a platform that is subject to many intellectual property infringers. The updated Brand Registry is still developing, but it seems as though Amazon has heard the many concerns for additional protections.  

There is a higher standard that needs to be met by sellers in order to be registered for Brand Registry 2.0. In order to register for 2.0, a seller must prove they have a registered trademark in their application. This means that sellers in the United States must file and be approved for their trademark with the USPTO. Registration with the USPTO is a timely process that must be executed perfectly. The application, once filed, will then be approved or denied. For this reason, it is best to have an experienced attorney file your application to ensure that it is done properly.

Once you have a registered trademark, you will need to file an application for Brand Registry 2.0. You will have to do this even if you were previously registered with Brand Registry if you wish to be registered in the upgraded version. You will need to demonstrate to Amazon that you have a registered trademark and you own the rights to that mark in your application.

Amazon has raised the standards when it comes to intellectual property and hijacking protection. In order for their sellers to benefit from this upgrade, they must too raise their standards. Protecting your business should always be a top priority. In order to be approved into Brand Registry 2.0, it is your responsibility to first obtain legal protections, and then register for Amazon protections.

Article by Nicole Kulaga

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