For cross-border e-commerce sellers operating on Amazon, brand registration is undeniably crucial. Successful registration not only significantly improves product visibility in search results and unlocks premium features like A+ pages, but also effectively prevents unauthorized reselling and intellectual property infringement, thereby strengthening consumer trust in the brand. However, many sellers recently report facing registration rejections or even having previously registered brands revoked, with "brand abuse" being the primary reason.
Understanding Amazon's "Brand Abuse" Violations
Amazon's determination of "brand abuse" primarily revolves around trademark status (TM or R marks) and factors related to both accounts and brands:
1. TM Marks (Pending Trademarks)
Account-Level Risks:
- Associated Store Violations: If the same registration entity has violations in other Amazon marketplace stores, or if different stores under the same brand have unresolved violations, new brand registrations may be affected.
- Violation History: Stores registered with the same credentials that have unresolved infringements, listing policy violations, review policy violations, or sales policy violations (such as counterfeit goods, review manipulation, or secondary reviews) may trigger brand abuse flags during new brand registration.
Brand-Level Risks:
- Excessive Authorization: If a registered brand has more than five authorized users or whitelisted accounts, Amazon may question its compliance and suspect brand abuse.
- Abuse of Complaint Features: Frequent brand complaints with low success rates may be viewed as misuse of brand protection tools.
2. R Marks (Registered Trademarks)
- Trademark Source Issues: Trademarks purchased through unofficial channels may be affected if the original trademark's store has violation records or if trademark holder information doesn't match store information (such as incomplete trademark transfers).
- Excessive Authorization: Similar to TM marks, R marks with too many authorized users (more than five) may trigger brand abuse warnings.
Practical Steps to Identify "Brand Abuse" Risks
Sellers should regularly conduct self-audits to identify potential brand abuse risks:
Step 1: Comprehensive Store Performance Review
Focus on unresolved infringement or fraud violations. Any violations must be addressed immediately.
Navigation Path: Amazon Seller Central > Performance > Account Health
Navigation Path: Amazon Seller Central > Performance > Performance Notifications
Step 2: Verify Other Marketplaces Under Same Registration
Ensure all marketplaces are operating normally without violations.
Appealing "Brand Abuse" Misclassification
If sellers confirm their stores have no violations or brand abuse issues, they may submit an appeal with the following documentation:
- Trademark Documentation: For owned brands, provide trademark application receipts and registration numbers; for authorized brands, provide trademark authorization letters.
- Product Images: Clear photos showing brand logos on products and packaging.
- Company Credentials: Business licenses, legal representative IDs, and store backend screenshots.
- Purchase Records: Authentic invoices showing brand names, product ASINs, and supplier information.
- Brand Website: Official website link corresponding to the registered brand.
Preventative Measures Against "Brand Abuse" Flags
To avoid brand abuse complications, sellers should implement these strategies:
- Use Brand Complaint Features Judiciously: Avoid frequent complaints against competitors without substantial evidence.
- Verify Trademark Sources: When purchasing trademarks, confirm registration status and violation history with sellers.
- Optimize Brand Authorization: Adopt a "one store, one brand" approach to minimize risk from associated store violations.
Special Consideration: Impact of Invalidated U.S. Trademarks
Following the mass invalidation of U.S. trademarks in December, affected stores and brands may have been flagged by Amazon. Even with re-registration attempts, these may still be classified as brand abuse. Some sellers have attempted category or trademark name changes without success. In such cases, obtaining a completely new trademark may be necessary.
In the competitive world of cross-border e-commerce, a brand remains a seller's most valuable asset. Protecting it through compliant operations is essential for long-term success. When registering trademarks, sellers must exercise due diligence in selecting qualified service providers to safeguard their brand interests.