Overview

Amazon's Brand Registry program now allows certain enrolled brand owners to file trademark infringement reports even without a registered trademark. Through common law trademark rights, sellers in select Amazon stores can protect unregistered trademarks that they have been actively using in commerce. This is a significant tool for brand owners who are still building their intellectual property portfolio but need protection against counterfeiters and unauthorized sellers.

Key Points / What Sellers Need to Know

• Common law rights are available in select stores - This filing option is currently available in Amazon's US, Canada, and Mexico stores for Brand Registry users with Administrator or Rights Owner roles.
• No trademark registration required - Unlike standard Report a Violation claims, common law filings let you protect trademarks that are not yet registered, based on your history of using them in commerce.
• A test buy is mandatory - You must purchase the allegedly infringing product and confirm your trademark appears on it before you can submit a common law infringement report.
• Geographic limitations apply - Common law trademark rights are limited to the specific geographic area where you have been actively using your trademark in commerce.
• First use date matters - Your trademark's first use in commerce must predate the date the allegedly infringing product was listed for sale in the relevant Amazon store.

How the Process Works

To file a common law trademark infringement report, sellers must navigate to Amazon's Report a Violation tool within Brand Registry. From there, you search for the ASIN that you believe is infringing on your trademark. You can report the entire product listing or drill down into specific offers from particular sellers. After selecting the listing or offer, you choose "Trademark infringement" as the issue type and indicate that a product or its packaging bears your trademark.

When prompted about whether your trademark is registered, you select "No" to trigger the common law filing workflow. You then provide the date your trademark was first used in commerce, an example of the trademark as it appears in actual commercial use, and a description of the goods or services associated with the trademark. Because this is a common law submission, the test buy requirement is non-negotiable — you must have already purchased the product and confirmed the infringement before proceeding.