[Must-see for Amazon sellers] Eliminate carpooling and increase sales with brand registration! Pitfalls of trademark registration and the best strategy for using a patent attorney

"The OEM products we worked so hard to develop are now being sold to unknown sellers"

"The product images and descriptions on the product page (catalog) have been rewritten without permission by a third party"

"I want to increase sales by running Sponsored Brands ads, but I don't know how."

For sellers doing business on Amazon, these concerns are a matter of life and death as they directly lead to a decline in sales. Particularly in recent years, Amazon's sales environment has become increasingly competitive, and it is no longer possible to survive simply by listing products.

The most powerful weapon to solve these issues all at once and gain an overwhelming difference from your competitors is "Amazon Brand Registry".

However, in order to use this system, "Trademark registration" with the Patent Office is required in principle.

Are you thinking that trademark registration is expensive and can be done only after it sells? In fact, being careless can result in millions of lost opportunities and the risk of account suspension.

In this article, a patent attorney who has supported the intellectual property strategies of many Amazon sellers will explain the benefits of "brand registration" to accelerate Amazon business, the trick of "early examination" to obtain rights as quickly and reliably as possible, andWe will thoroughly explain why Amazon sellers should hire a patent attorney.

Chapter 1: What is Amazon Brand Registry? Key points of “defense” and “attack”

Amazon Brand Registry is an official program that allows brand owners with trademark rights to protect their brands and access more advanced marketing tools on Amazon.

This is not just "registration". It is an infrastructure that allows you to simultaneously obtain "defensive power" and "offensive power" in your business.

1. [Defense] Eliminating malicious "hijacking"

This is probably the biggest benefit for Amazon sellers. As a general rule, Amazon has a "one product, one catalog (ASIN)" rule. Therefore, when a popular product becomes available, other sellers who claim to sell the exact same product may "jointly" list it in your catalog.

There would be no problem if this was an official wholesaler, but it would be a big problem if a vendor who sells inferior products (counterfeit products) that look similar to each other joins in.

Low reviews such as ``I received a different product than the one in the picture'' or ``It broke immediately'' will appear on your product page, and the rating (number of stars) of the catalog itself will collapse.

By acquiring trademark rights and registering the Amazon brand, It becomes possible to report to Amazon as "infringement of intellectual property rights" and strongly exclude (remove) counterfeit product sellers and unreasonable bidders. This will serve as a "shield" to protect your sales.

2. [Defense] Monopolize and protect "editing rights" on product pages

If the trademark is not registered, there is a risk that anyone can change the catalog information due to Amazon's specifications. There is a possibility that a title that has been carefully thought out for SEO, or a high-quality product image that has been commissioned by a professional, could be changed without permission by a third party.

By registering your brand, your editing privileges as a brand owner are locked, preventing malicious modification by third parties. This helps maintain brand visibility and accurate product information.

3. [Attack] Improve CVR (conversion rate) with "A+ content"

The benefits of trademark registration go beyond protection. You can also get "offensive weapons" to increase sales. A typical example is "A+ content (product introduction content)".

In addition to regular product descriptions (text only), you can create rich content using plenty of images and comparison tables.

• Visually convey the usage image of the product

• Tell the brand story and encourage fans

• Make a purchase decision with the spec comparison table

These can be expected to increase customer purchase intent and significantly improve conversion rate (CVR). Nowadays, viewing on smartphones is mainstream, and the presence or absence of A+ content is directly linked to sales.

4. [Attack] "Amazon Store" and "Sponsored Brand Ads"

You can create an "Amazon Store", a top page (website-like page) dedicated to your own brand, for free on Amazon. Since you can direct customers to a dedicated page where no other companies' products are displayed, you can encourage cross-selling.

Additionally, advertising menus exclusive to brand registrants will be released, including ``Sponsored Brand Ads'' and video ads that will be displayed prominently at the top of search results.

Chapter 2: Rules for "Trademark Registration" Essential Requirements for Amazon Brand Registration

In order to register the Amazon brand, you must complete trademark procedures in the country where you are applying (in the case of Japan, the Japan Patent Office).

1. "Registered trademark" or "pending trademark"

Previously, a "registered trademark (R mark)" was required, but the rules have now been relaxed, and there are an increasing number of cases where it is now possible to apply for Amazon brand registration even with a "pending trademark (with an application number assigned)" (e.g. via IP Accelerator).

It would be premature to think, ``In that case, you can register your brand right away without waiting for the review!''.

There is a big pitfall here. If is "rejected (registration not possible)" in the examination by the Japan Patent Office, the Amazon brand registration will also be cancelled.

The A+ content you created and your store will all return to blank. In order to stabilize the foundation of your business, it is most important to apply for a trademark that can be reliably registered, rather than just applying just for the time being.

2. "Word trademark" and "figure trademark"

Amazon Brand Registry requires a trademark that matches the brand name displayed on the product or packaging.

• Word trademark (standard characters): A trademark that entitles the brand name (text) itself.

• Graphic trademark: Something that is licensed as a logo mark.

Considering its versatility on Amazon, we often recommend acquiring "word trademark" first. If it is a word trademark, even if the logo is redesigned in the future, as long as the name does not change, the scope of rights will often extend, and brand name matching on Amazon will be smooth.

Chapter 3: Three traps that Amazon sellers fall into when filing on their own (DIY)

Recently, there are more and more services that allow you to file trademark applications online at low cost, and more and more sellers are creating and filing documents themselves. However, in Amazon Business, there is a big risk in "filing the application yourself".

Trap ①: Failure in selecting categories "Misunderstanding of class 35"

The most specialized knowledge required in trademark registration is the selection of the "classification (designated goods/services)". You need to choose the correct one from a total of 45 categories.

[Common fatal mistakes]

This is a case where only Category 35 (retail services) is obtained because it is an online shop.

However, what is important in Amazon brand registration is the trademark rights of the "product itself."

For example, if you want to protect your own brand T-shirts, Class 25 (Clothing) is essential, and Class 35 alone is unlikely to eliminate counterfeit T-shirts.

Also, there are cases where a smartphone case (Class 9) is sold, but the customer forgets to take out a bag (Class 18) that is scheduled to be sold in the future, and after the product becomes a hit, the trademark for the bag is taken over by another company.

Trap ②: Opportunity loss due to the length of the review period

Normally, it takes about 6 to 10 months (varies depending on the time) from the time of trademark application until the examination result is obtained.

Speed is the key to Amazon business. It is too risky to continue selling in a ``dangling'' state with rights not vested for more than half a year. During that time, it may become a hit product and the market may be raided by carpool buyers.

Trap ③: Unable to respond to notice of reasons for refusal

If the trademark you applied for is similar to an existing trademark or has a name that is too general (lack of distinctiveness), you will receive a "Notice of Reasons for Refusal" from the Japan Patent Office.

It requires a high degree of specialized knowledge to make a legal argument (submit a written opinion or amendment). It is extremely difficult for a layman to react and overturn, resulting in the application being rejected and the time spent and stamp duty being wasted.

Chapter 4: The biggest reason why you should hire a patent attorney: “Early examination” and “certainty”

Here, I would like to strongly recommend to all Amazon sellers that utilize the "accelerated examination system" by a patent attorney.

1. "Early examination" dramatically shortens the registration period (2 months on average!)

Accelerated examination is a system that can significantly shorten the normal examination period by meeting certain requirements.

Usually, it takes 6 to 10 months, but if you use accelerated examination, it is possible to obtain examination results in about 2 months on average.

If you are already selling or preparing to sell products on Amazon, there is a very good chance that you will qualify for this "early review" requirement.

However, this requires the creation of a specialized document called a "statement of circumstances." If you ask a patent attorney to handle this procedure for you, you can aim to obtain rights as quickly as possible. This is a very cost-effective investment to acquire powerful rights faster than your rivals.

2. Cooperation with Amazon-specific procedure "authentication code"

When you apply for Amazon brand registration, Amazon will send a "Verification Code" to the trademark applicant (agent).

If you are requesting a patent attorney, this code will be sent to the patent attorney office registered with the Japan Patent Office. A patent attorney who is familiar with Amazon's system will be able to quickly share this code with the seller and complete brand registration smoothly.

3. Building "strong rights" with an eye to the future

In addition to simply obtaining a trademark for your current product, we can also provide advice with an eye toward future business development (overseas export, expansion of product lineup, etc.).

In particular, Amazon is a global platform, so if you are thinking of expanding to Amazon in the US or Amazon in Europe in the future, you will need strategies such as international filing (Madpro) based on the Madrid Protocol. These are the exclusive domain of patent attorneys.

Chapter 5: Trademark registration process and estimated costs

We will introduce the general process of trademark registration when you request our office.

Step 1: Hearing/free consultation

We would like to hear about the products you plan to sell, your brand name on Amazon (accurate spelling, etc.), and your business plan. In particular, we will carefully consider ``in which category should you register?''

Step 2: Prior trademark search (clearance search)

We will thoroughly investigate whether there are similar trademarks and determine ``What is the probability of registration?''.

Even if registration is difficult, we will suggest alternatives such as ``slightly changing the name'' or ``combining it with a logo'' to avoid unnecessary application costs.

Step 3: Application procedure/Application for accelerated examination

A patent attorney will prepare an application and submit it to the Patent Office. For Amazon sellers, we basically include the "Early Review" option proposal.

Step 4: Review - Registration

Examination will be conducted at the Patent Office. If it is an early examination, the results will be available in about 2 months.

If the registration is approved successfully, the registration fee will be paid and trademark rights will be granted. Once we receive the trademark registration certificate, we will send you the original copy.

Estimated cost (return on investment)

The cost for trademark registration is the total of "office fee" and "stamp fee to the patent office."

Generally, the total cost from application to registration for one category is around 100,000 to 150,000 yen.

It may seem expensive at first glance, but considering that you have the right to use the brand exclusively for 10 years, the monthly cost is only about 1,000 yen.

Considering that with just this amount of investment, you can prevent hundreds of thousands or even millions of dollars in losses due to carpooling, there is no other investment with such a reliable return.

Chapter 6: Frequently asked questions (FAQ) from Amazon sellers

Q1. I am a sole proprietor, can I register a trademark?

A. Yes, it is possible. Amazon brand registration can also be done with a trademark in your personal name. If you plan to incorporate your business in the future, please contact us in advance as procedures to transfer rights from an individual to a corporation will be required.

Q2. I heard that it is necessary to print a logo on the product package.

A. Yes, for Amazon Brand Registration review, you will be required to submit a photo of the brand name permanently displayed (printed, engraved, etc.) on the product or packaging. In many cases, items that only have a sticker pasted on them are not acceptable. We recommend that you proceed with package production in parallel with the trademark application.

Q3. Can I use Japanese trademarks when selling overseas (such as the United States)?

A. No, trademark rights are based on the "territorial principle" and must be obtained for each country. To register your brand on Amazon in the United States, you need to register with the United States Patent and Trademark Office (USPTO). Please rest assured that our office can also provide support for overseas trademarks.

Q4. Can I consult with you about a case that has been rejected by another agency?

A. Yes, please feel free to contact us. Even if a trademark seems difficult at first glance, there are cases where it can be registered by devising the way the designated product is written or by proving usage history. Please use it as a second opinion.

Summary: Trademark registration is not a "cost" but the "best investment"

Competition in the Amazon market is becoming more intense year by year, and it is no longer a simple world where "if you make a good product, it will sell."

Only with "brand power" and "trademark rights" to legally protect it can you continue to generate stable profits.

• I'm having trouble with shared goods

• I want to start OEM sales on Amazon

• I want to get the trademark as soon as possible

If you have this idea, please consult a patent attorney who is an intellectual property professional.

We will propose the optimal intellectual property strategy to suit your business speed.

Maintain your brand with solid Amazon brand registration and trademark registration.