A trademark is a type of intellectual property (IP) that protects words, symbols, and designs used to identify a company’s goods or services.
A trademark is a word, symbol or design, or a combination of the same (such as a brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies’ goods and services. Put another way, a trademark indicates the source of goods or services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services.
Example: "Amazon" is a trademark we use for many of our goods and services. Other Amazon trademarks contain both pictures and words, such as the “Available at Amazon” trademark.
A trademark owner usually protects a trademark by registering it with a country-specific trademark office (such as the United States Patent and Trademark Office). In some cases, a person or company might have trademark rights based on only the use of a mark in commerce, even though the mark was never registered with a country-specific trademark office. Those rights are known as “common law” trademark rights and can be more limited.
Generally, trademark law protects sellers of goods and services from customer confusion about who provides, endorses, or is affiliated with particular goods or services. A trademark owner might be able to stop others from using a particular mark, or a confusingly similar mark, if using the mark is likely to cause a customer to be confused about whether the product being sold is the trademark owner’s product.
The United States Patent and Trademark Office offers resources to learn more about trademarks
Trademarks are often displayed on Amazon's product detail pages in the form of product, brand names listed on a product detail page, in the listing Title, “Byline”, Bullet Points, Product Description and even the “Shipped by/Sold by” fields. For example, the trademark "Pinzon" appears in the brand name or "byline" portion of the product detail page shown below. The "Pinzon" trademark also appears in the product name portion of the product detail page ("Pinzon Flannel Sheet Set - King, Sage"). In the listing and brand stores, a company’s logo may also be displayed.
You must consider the use of someone else’s trademark carefully. Usually, the unauthorized use of a trademark in the creation of a detail page is infringing if it is likely to cause confusion as to the source, endorsement, or affiliation of the goods. However, just because you are not the owner of a trademark does not necessarily mean that you cannot sell another company’s product. Nonetheless, it is important that you clearly distinguish between yourself - the seller, and the trademark owner - the source of the product.
Example: If you are selling a genuine Pinzon sheet set and you are advertising the product as a Pinzon sheet set, you might not be causing confusion as to the source or affiliation of the goods (in other words, Pinzon) and, if not, are not infringing on the Pinzon trademark.
Typically, a seller can use someone else’s trademark in the following circumstances:
If you want to indicate the compatibility of your product with a product of a different brand in the product title, build your product title using the format below, taking account of the Amazon Brand Name Policy. If you do not apply this format to your product title, your listing may be removed as potentially trademark infringing.
Title format for branded compatible products
[Your Product’s Brand Name] + [Product Name] + "for"/”compatible with”/”fits”/”intended for” + [Brand of Main Product] + [Main Product Name] + (other product title elements, if applicable)
Examples:
Title format for generic compatible products
"Generic" + [Product Name] + "for"/”compatible with”/”fits”/”intended for” + [Brand of Main Product] + [Main Product Name] + (other product title elements, if applicable)
Example:
Generic Replacement filter for AmazonBasics Waterfilter A3
When selling authentic goods that can be customized by the buyer (that is, print-on-demand) using the seller’s own equipment. For example, a seller prints a custom, personalized message or picture on an authentic “Callaway” golf ball.
You are responsible for not fulfilling orders that infringe on a trademark owner’s rights. Even if the infringing content is provided to you by the customer for their customized order, you must not fulfill the order. For example, if a customer requests to add the Amazon logo to a customized t-shirt, you must not agree to fulfill this order.
If you want to sell customizable products, follow these guidelines:
Title format for branded customizable products
“Customized”/”Personalized” [Product Name] + “created using”/”personalized from”/”made with” + [Brand of Main Product] + [Main Product Name] + {other product title elements, if applicable)
Examples:
Example of improperly formatted custom listing
Example of corrected custom listing
If you do not adhere to these formats, your listing may be removed as potentially trademark infringing.
When you decide to sell products on Amazon, ask yourself the following questions:
The table below shows examples of correctly and incorrectly branded listings under Amazon listing policy:
Listing title | Brand | Status of listing |
---|---|---|
AmazonBasics Speaker | (blank) | Inactive listing due to incorrect Brand field. Because the Brand attribute is blank (not “AmazonBasics”), the listing title cannot imply that the product is an AmazonBasics product. |
AmazonBasics Speaker | AmazonBasics | Active listing, with correct Brand field use and acceptable title. |
Six foot USB charging cable, compatible with AmazonBasics speaker | (blank) | Active listing, with acceptable title and Brand field use, IF the charging cable is compatible with AmazonBasics speakers. Title indicates compatibility without implying that this is an AmazonBasics branded product; Brand field may be blank for generic product. |
Wireless Speakers with six foot USB charging cable, compatible with AmazonBasics speaker | Wireless Speakers Inc. | Active listing, with correct Brand Field use and acceptable title, IF the charging cable is compatible with AmazonBasics speakers. |
What is counterfeiting?
Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful total or partial reproduction of a registered trademark or a mark that is very similar to a registered trademark in connection with the sale of a product that does not come from the trademark holder.
Counterfeiting requires the use of a registered trademark on the product or packaging. Registered trademarks can protect the brand name the product is sold under, a logo on the product, or the shape or look of the product itself. An item that looks like or is identical to a trademarked item is not counterfeit if the item is sold on a separate product detail page and does not improperly use a registered trademark. However, in cases where a registered trademark protects the shape or appearance of a product itself, identical products may be counterfeit even if they do not feature a brand name or logo.
For more information, go to Amazon's Anti-Counterfeiting policy.
How do I register a trademark?
To learn more about how to register a trademark for your brand, watch these Seller University videos:
Register a trademark for your brand
Register a trademark through IP Accelerator