Brand protection on Amazon and global marketplaces
Without proper brand protection, companies in global marketplaces often watch helplessly as counterfeiters, unauthorised resellers or competitors hijack their brand names and product lists.
Owning a brand is not enough in these digital battlegrounds, it must be proven. That's why marketplaces like Amazon only offer full brand protection tools and enforcement options to those with an officially registered trademark.
In this article, we explain the most important points to know and do for brand protection on global marketplaces.
Why is brand protection critical in global marketplaces?
Having a strong presence on global online marketplaces such as Amazon, eBay, and Alibaba offers both opportunities and threats. Alongside potential buyers, counterfeiters, copycat sellers and competitors exploiting brand names might also operate on these platforms.
This is why Amazon, for example, offers the possibility for officially registered brands to join its Brand Registry programme. It ensures that brand owners can take effective enforcement action against counterfeit products, unauthorised sellers, and name users.
However, an officially registered trademark is required.
Why choose an EU trademark for brand protection?
Because the EU Trademark (EUTM) is one of, if not the most practical solutions for brand protection in global marketplaces. Especially if your business is based in Europe or you are planning to expand within the European market.
The key benefits of EUTM are:
Valid in all EU member states with a single application.
Amazon accepts it in its Brand Registry program.
More cost-effective than filing a trademark application per country.
Stronger enforcement against counterfeit goods and misuse.
What can happen in the absence of EUTM?
Without an EUTM, you risk being unable to do anything but watch as other sellers offer cheap imitations of your brand name and logo, and you have no legal recourse.
Other suggested actions for brand protection in global marketplaces
For effective and comprehensive brand protection, there are some specific steps that you might skip, but you shouldn't. Let's go through them one by one.
1. Preliminary trademark research
Before entering a new market or even filing a trademark application, it makes sense to check that the brand name, logo, or product name will not infringe on the rights of others. You can use:
TMview database (EUIPO)
National databases
2. Trademark application
The EUIPO system is a one-step process for obtaining an EU trademark. Our office is happy to provide expert assistance with other aspects of trademark protection.
3. Registration in the Amazon Brand Registry
Once you have a registered trademark, registration in the Brand Registry is highly recommended as it offers many additional protections and tools as a brand owner. If a successful presence on Amazon is a strategic goal, this step is not worth skipping.
4. Continuous market monitoring
Experience has shown that even after completing the above steps, conscious brand protection is not advisable to stop. Worthwhile:
Monitoring for copycats and counterfeiters.
Using Amazon's IP tools against infringing ads.
If necessary, take legal action.
5. International protection in other markets
If your business is expanding into other key markets (e.g., the USA, and China), it's also advisable to file a trademark application with the local offices or through the Madrid System.
Common mistakes to avoid for effective brand protection
The biggest mistake, of course, is to ignore the importance of brand protection. In global marketplaces such as Amazon, eBay, and Alibaba, among others, this question cannot be avoided.
From a legal point of view, relying on the domain name alone can be a suicide punch. Quite simply, because the domain is ours for nothing, it doesn’t in itself provide legal protection. Indeed, without a trademark, a domain can be lost as well. The trademark application cited above cannot be abandoned for brand protection.
But neither is it advisable to delay the filing of a trademark application. Especially if sales have already started. This is like offering the opportunity on a plate to unauthorised persons, who generally do not hesitate to take advantage of such options.
Furthermore, you should not believe that Amazon or any platform offers protection without registration.This is a misconception. Finally, international trademark strategy should not be forgotten when targeting new markets.
What's the key to brand protection on Amazon and global marketplaces?
A registered trademark is not only a legal instrument, but also a business weapon in digital marketplaces. Amazon, eBay and other platforms increasingly rely on sellers who can prove their brand ownership.
Moreover, the EU trademark not only provides legal protection in the 27 countries of the continent, but also paves the way for effective global brand management.
If you don't want to see your brand in the hands of others, make sure you get your trademark in time. Our team of experienced lawyers is ready to help you. For a consultation, please feel free to contact us at the contact details below.