Protecting Your Brand: A Deep Dive into Amazon Brand Registries Counterfeit Measures

This blog is written by Lesley Hensell, Riverbend Consulting, an aiCommerce business partner. 

Nothing strikes fear into the heart of an Amazon seller like a counterfeit product. Counterfeit goods are a trillion-dollar enterprise proliferating the Amazon marketplace in devastating ways. Pesky counterfeiters deceive loyal Amazon shoppers by offering low-price products and near-exact likenesses. Worse yet, these copycats stop the scroll quickly. In recent years, Amazon invested over $1.2 billion in counterfeit and anti-fraud measures, yet sellers still fight tirelessly to safeguard their brands from the steady stream of counterfeit goods.

With the largest stranglehold on online shopping and pressure from the U.S. Congress, Amazon must do what it can to prevent these bad actors from penetrating its platform. Here’s what you need to know about Amazon’s Brand Registry counterfeit measures.

How Does Amazon Stop Counterfeit Products?

Amazon adheres to a strict anti-counterfeit policy. It  forbids the sale of counterfeit goods, pirated goods, bootlegs and more. Unfortunately, like any policy, the policy is not impenetrable. The sale of counterfeit goods often leads to account suspension and legal charges. 

To combat the sale of fakes, Amazon introduced measures to mitigate the problem. One measure, the Amazon Counterfeit Crime Unit or CCU, manages civil litigation against counterfeit criminals. 

Under the CCU, Amazon collaborates with brands and law enforcement to hold these bad actors accountable. More recent programs, such as Project Zero, leverage Artificial Intelligence (AI) and other technologies to remove counterfeiters independently from an Amazon listing.

How Do Counterfeit Goods Affect Your Brand?

Counterfeit products are not always easy to spot, so enrolling in Amazon's various protection programs is key. Counterfeit goods can have a severe impact on your brand reputation.

• Customer dissatisfaction and negative reviews
• Lowered brand reputation and trust
• Decreasing sales and ranking

Stay vigilant by reviewing your listings frequently. Consider adding anti-counterfeit SOP measures to your routine and daily tasks. 

What is Amazon Brand Registry?

Amazon's Brand Registry is a program designed to protect sellers and brand owners from counterfeit criminals. Besides protection measures, Brand Registry offers a range of features to enhance product listings, boost visibility, and increase sales, all while safeguarding sellers.

Once approved, sellers gain more control over their product listings. They  can access tools like A+ content and more to help spotlight their brand and products on the Amazon marketplace. These coveted pieces of Amazon real estate help create memorable customer experiences while differentiating brands from competitors and counterfeiters.

Is Amazon Brand Registry Worth It?

Considering the tools sellers can access with Brand Registry, the program is worth it. Review some additional benefits/tools below:

• Account deactivation protection 
• A+ content (formerly known as Enhanced Brand Content)
• Amazon brand story
• A+ premium content
• Amazon Storefronts & Amazon posts
• Sponsored brand video and headline ads
• Amazon Live
• Brand analytics
• Automated AI brand protection
• Intellectual property protection
• Listing hijacking prevention and mitigation
• Supplier competition prevention and mitigation 

Brand Registry (BR) isn’t without its pitfalls. The BR dashboard can be plagued with technical difficulties, including login issues, linked product failures and issues transferring brand ownership. Here are a few other issues to look out for:

• Black hat tactics can interfere with the benefits of the program
• Brand registry at times won’t allow you to register your brand
• Enrollment denied due to account suspension on file
• Product linking issues
• The seller cannot register a new brand

All is not lost, however. With Brand Registry comes access to an executive support system. You can open a case with this specialized service in the hopes of finding a resolution. Keep these factors in mind when planning to enroll.

Are You Eligible for Brand Registry?

An active registered trademark in the country of enrollment is required to access the program. However, in recent years, Amazon has allowed pending marks through the IP Accelerator program. 

Every country has different eligibility requirements. Here are the eligibility requirements for the U.S.: 

• Have an active Amazon account in Amazon Seller Central 
• Registered trademark through the United States Patent and Trademark Office (USPTO)
• Text-based marks, standard character marks, or image-based marks 
• Trademark text should match the brand name on your application and all products and packaging

How do you file for a trademark? You can apply for a trademark through a lawyer or navigate the application process yourself. The time it takes to get a registered trademark varies by country. In Canada, for example, it can take up to two years. Other countries, like the U.S. may offer shorter wait periods, generally taking six to eight months. 

You will be approved for Amazon Brand Registry once you demonstrate the authenticity of your brand and products and meet all eligibility requirements. Amazon enforces its enrollment process to protect the platform's integrity, ensuring only authorized sellers can participate.

How Much Does Brand Registry Cost Amazon?

Enrolling in the Amazon Brand Registry is free. Securing a trademark, which is required to access the program, ranges depending on the country, the nature of the trademark, and use cases. 

How long does it take to get approved for Amazon Brand Registry?

Approval times vary and depend on whether or not you already have a registered trademark or are going through the trademark application process. Once equipped with a trademark, the application process can take several weeks. Be patient.

How Does Amazon Brand Registry Protect Your Brand?

Once enrolled in the program, you’ll have more control over your product listings and marketing measures. You’ll be better equipped to safeguard your business through the following means:

1. IP complaint submissions and retractions
2. Reporting listing violations
3. Reporting marketplace violations
4. Dedicated support and escalation via a dedicated channel

With enrollment in Brand Registry, you can also access Amazon’s other anti-counterfeit measures, such as the coveted Transparency program and Project Zero.

#1 Amazon Transparency Program

Amazon’s Transparency program uses serial bar codes to help authenticate products. Specialized serial 2D bar codes help detect and protect your brand against counterfeiters through a comprehensive and unique labeling system. 

Amazon scans these bar codes to authenticate products before items are shipped to customers. Customers can also scan transparency codes to detect authenticity. Failed authenticity on Amazon means the product is removed and reviewed for counterfeiting. A GTIN is required, and fees are applied per barcode.

#2 Project Zero

Project Zero leverages automation to ensure authenticity. Amazon Brand Registry is required to access this free program, but currently, the program is invitation-only. 

Under Project Zero, brands can remove counterfeit listings independently and apply select bar codes to ensure product authenticity. You’ll also be able to perform test buys to identify counterfeit products without Amazon’s intervention.

To enroll, there are additional requirements aside from Brand Registry:

• Be a legal brand owner
• A 90 percent infringement success rate over the last six months
• Have a valid GTIN number (Global trade item number or UPC)
• Meet country-specific requirements
• Agree to the terms of Amazon Project Zero.

Unfortunately, you can lose access to Project Zero, jeopardizing your account. Here are some factors that can get you booted from Project Zero:

• Black hat tactics can see your enrollment disbarred even if out of your control
• Multiple Project Zero reports were overturned due to the use of fake invoices and other falsified documentation
• Multiple reports overturned when authentic sellers appealed, taking down the ASIN in question
• Leveraging Project Zero to report trademark, copyright, and inauthentic violations instead of raising these reports through Brand Registry

While an appeal is possible, they’re often denied. Prevention is key. You don’t want to go through the hassle of appealing to the very tool designed to help you in the first place.

Accessing both protective programs (Transparency and Project Zero) is only possible through Amazon Brand Registry. As the marketplace expands and more pressure is brought on Amazon to counteract counterfeiting, it's likely more programs will be added to help the plight of sellers manage criminal activity.

How Do You Fight Counterfeiting on Amazon?

Once approved in Brand Registry, you can protect your brand by reporting intellectual property violations for specific ASINs to Amazon for review and investigation. Amazon's IP policy upholds strict terms, but unfortunately, the policy has been grossly abused by bad actor sellers over the years.

If you can prove authentication, Amazon may remove counterfeit items. Below are three different ways you can report an IP claim.

1. Patent Infringement: Patent abuse occurs when another seller attempts to sell a patented product on Amazon  (inventors).
2. Copyright Infringement: Copyright infringement applies to listing content, images, artistic works and more (creators and authors).
3. Trademark Infringement: The unauthorized use of a trademark, which can lead to customer distrust and confusion  (brands).

Once you recognize an infringement, you can report it through Amazon’s Report a Violation tool (RAV), accessible only to brand-registered users. You must report through Amazon’s intellectual property report form if not enrolled in Brand Registry. 

When you are sure of infringement, follow these steps to report a violation through the Amazon Brand Registry website. Log into your account. You’ll need to include several key pieces of information in your report.

• Click “report a violation” or navigate to “report infringement”
• Provide specific details of the violation, including trademark registration number ASIN, and or a link to any copyright violations
• Explanation of the infringement and supporting evidence. Include the type of infringement, whether a product, copyright infringement, fake listing, or otherwise
• Submit the report and include your list of infringing sellers
• Supporting documentation that Amazon may require to validate your claim
• Your contact information, including name, address, phone number, and any alternative contact number to be shared with affected sellers

Amazon will leverage this information to check the authenticity of products, trademarks and patents. If authenticity isn’t confirmed, Amazon will remove the account.

Things You Need to Know About Fighting Counterfeit on Amazon

While Brand Registry affords various anti-counterfeit measures, it doesn't always guarantee that Amazon will remove inauthentic sellers and copycats.

#1 Patience is key. You may need to take repeated action to see results, even if enrolled in Brand Registry. Amazon will likely have you perform a test buy to prove counterfeit. As you can see, this process can be lengthy and frustrating. 

#2 False IP claims. False IP claims are common in the marketplace and just as frustrating as counterfeit goods. As an Amazon seller, your account health is paramount. Risking your account to make a false IP claim when you know the claim cannot be justified puts your account at risk. Risks include legal action, account suspension, denied access or removal from Brand Registry, and declining brand reputation and customer trust.

Making a false IP claim can be tempting, especially since Amazon doesn’t always take swift action. But you’re doing more harm than good. Not only are you risking your business, but you’re also affecting the platform's integrity. Don’t do it. 

#3 Disbarment from the program. If Amazon suspects abuse at your hands, they have the right to remove your account. Suspected black hat tactics, being affiliated with other brands who’ve shared in abusive behavior, or linked registry accounts can land you in hot water. Being removed from ASINs for IP infractions is also why Amazon will boot you from Brand Registry, even if the claims were overturned. 

You can appeal disbarment from Brand Registry, but prevention is recommended.

The Truth Hurts

We’re a long way away from abolishing counterfeit goods on Amazon. Take a defensive approach to protecting your brand. Enroll in Amazon Brand Registry to access exclusive anti-counterfeit options while helping your brand establish an authoritative presence across the marketplace.

A proactive approach can prevent or remove fraudulent listings before the situation spirals. A collaborative approach with other brands can also help send a signal to counterfeit criminals and Amazon. Vigilance is key in the fight to preserve your brand reputation. 

By Lesley Hensell

Author

Lesley is co-founder and co-owner of Riverbend Consulting, where she oversees the firm’s client services team. She has personally helped thousands of third-party sellers get their accounts and ASINs back up and running. Lesley leverages two decades as a small business consultant to advise clients on profitability and operational performance. She has been an Amazon seller for almost a decade, thanks to her boys (21 and 16) who do most of the heavy lifting.