Amazon’s Brand Registry system aimed to reduce fraudulent duplicates from their website but did it do the opposite?
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What is Amazon’s Brand Registry System?
Amazon created a unique Brand Registry System aimed at solving product disputes, protecting registered trademark items, and reducing duplicate products in their system. This would allow customers to navigate its search engine with confidence that each item in their cart is from an authentic source, and verified by the United States Patent and Trademark Office (USPTO).
How does it work?
The system relies on a business’s trademark being federally registered or at least proof of a pending application with the USPTO. Once a business has all the necessary materials, they are eligible for Amazon’s Brand Registry. Businesses then claim the exact wording of its trademark on the registry. This means that even terms that might not be protectable under normal USPTO standards become enforceable within Amazon’s platform.
So what’s the problem?
While the brand registry system does work as intended with all benefits stated, it has adversely created a rise in “nonsense marks” (words that are non-comprehensible or unlikely to be memorable and are easier to register with the USPTO, because they don’t resemble anything already in use) to flood the United States Patent and Trademark Office. This has caused major delays in trademark application to process and has created other issues such as fraudulent filings and trademark extortion. According to the USPTO website, the target wait time for a first review is 10 days. However, the current average wait time is about 6 to 7 months due to the influx of application over the past couple years. Not only that, but some businesses deliberately manipulate the trademark system to serve their own interests, straying from its original purpose
How does this affect me?
These marks not only bog down the USPTO, but they obstruct the clarity consumers gather when purchasing products from specific entities. Sellers who register a generic or nonsense term and use Amazon’s Brand Registry often gain priority in search results and appear earlier than others. Scammers steal brands they don’t own and profit from them, while real businesses struggle to stay visible Some have even used their registered marks to demand payment from the actual businesses that built the brand in the first place.