Henry Law Firm

The Amazon Brand Registry can help protect your brand

The Amazon Brand Registry can help protect your brand

You’ve taken the effort to register your trademark and you are using it to offer a product of which you are proud. Maybe you have an innovative product; maybe your quality or customer service set you apart in a crowded field. Whatever the basis of your trademark’s reputation, moving forward you have to “police” your mark.

Policing your mark

The intended purpose of a trademark is to offer a quick, reliable indication to the consumer of the origin and quality of the good or service carrying the mark. The United States Patent and Trademark Office (USPTO) refers to this as “source designation.” What this means in practical terms is this: if the same mark is being used simultaneously on goods or services that have different sources or qualities, the mark is no longer a source identifier. When a mark loses that function, it becomes invalid and unenforceable. You lose your trademark.

If you are good at what you do, there will always be others who will try to take advantage of your reputation. In today’s world, a vast amount of commerce is conducted on the internet. One of the ways you can police your mark is to list it on the free Amazon Brand Registry. Once registered, Amazon itself will help make sure no false goods carry your mark.

What the Amazon Brand Registry does

Amazon intends for its Amazon Brand Registry to give sellers greater influence and control over their brand’s product listings on the Amazon Marketplace. Enrolled brands gain access to a suite of tools including:

  • Automated protections that use information about your brand to proactively remove suspected infringing or inaccurate content.
  • Global word and image searches to find and report potential infringers;
  • The ability to review and remove potential infringers from the Amazon Marketplace;
  • The ability to identify and remove product listings that aren’t for your brand but use your brand name, or identify images that contain your logo but are not your products;
  • The ability to identify sellers shipping products from countries in which you do not manufacture or distribute your brand; and
  • The ability to identify product listings created with your brand name when you have already listed your full product catalog on Amazon marketplace.
What is required to register

In order to be eligible to register, Amazon requires:

  • An active registered trademark in each country where you wish to enroll, or have a pending trademark application filed through Amazon IP Accelerator​.
  • The trademark must be in the form of a text-based mark (word mark) or an image-based mark with words, letters, or numbers (design mark).
  • The trademarks must have been issued by government trademark offices in the United States, Brazil, Canada, Mexico, Australia, India, Japan, France, Germany, Italy, Turkey, Singapore, Spain, Netherlands, Saudi Arabia, the United Kingdom, Sweden, the European Union, or the United Arab Emirates.
  • The trademark text must match the brand name on the application. If your trademark is an image-based mark with words, letters, or numbers, you must upload a copy of the image exactly as it appears on your trademark record.
  • The trademark you submit must also appear on your products or packaging.
  • You must submit the trademark registration number provided by the issuing Intellectual Property office. An application number provided by an Intellectual Property office can only be provided if you are enrolling with a trademark pending registration.
  • A list of product categories (such as apparel, sporting goods, or electronics) in which your brand should be listed.
From registering with the USPTO to registering with the Brand Registry, we can help

Henry Law will help you gain your registration with the USPTO. With that in hand, we can help you leverage your trademark in many ways, including taking advantage of the Amazon Brand Registry. Making you aware of free, automated tools to assist in policing your marks is just one of the ways we monitor developments in the field to help you derive the maximum advantage from your trademark registration.

HENRY LAW FIRM

Otto M. Bartsch

With degrees in philosophy and chemistry, Otto excels in complex litigation and intellectual property cases.

In a recent federal case, Otto used forensic digital analysis of crucial documents to reveal their fraudulent nature, immediately resolving all claims in our client’s favor. Otto led a multi-jurisdictional collection effort of a $3.4 million judgment for Oklahoma Genetics, Inc. The case was on claims of intentional violation of the Plant Variety Protection Act, and a federal judge tripled our client’s damages. Years after the judgment was entered, Henry Law Firm forcibly seized substantial assets, and OGI could re-invest proceeds into future seed varieties and genetics.

Before affiliating with Henry Law Firm and practicing law as Otto M. Bartsch, PLLC, Otto earned his Master of Laws in Intellectual Property & Technology Law. At graduation, Otto ranked highest in his LL.M. class. He also won the Client Counseling Competition and competed in the national semi-finals of the AILPA Giles Rich Moot Court Competition in intellectual property law.

Otto works with clients to establish and protect their trademarks, copyrights, and brand identities. He is also experienced in breaking or enforcing non-competition agreements.

COURT ADMISSIONS

Otto is licensed to practice in Arkansas, Missouri, and Texas and has been admitted to practice in several federal courts, including the Eastern and Western Districts of Arkansas, the Eastern and Western Districts of Missouri, and the United States Court of Appeals for the Eighth Circuit.

HENRY LAW FIRM

Mark Henry

Mark is AV-Preeminent™ rated, a distinction earned through years of consistently outstanding legal work and a reputation for integrity. With decades of experience as a registered patent attorney and an LL.M. in agricultural law, he has developed a deep focus on protecting agricultural seed technology. Mark works closely with universities and multinational companies to navigate complex intellectual property matters and ensure long-term protection of innovation. He has handled more than 100 cases under the Plant Variety Protection Act, bringing a wealth of practical insight to the defense of plant breeders' rights. In addition to his legal practice, Mark has contributed to the field as an educator, teaching agricultural biotechnology law in the LL.M. program at the University of Arkansas School of Law.

Mark prosecutes and defends highly complex civil litigation and high-stakes, bet-the-company disputes involving trade secrets, patents, copyrights, and DMCA claims in federal courts across the country. His cases frequently address cutting-edge issues involving computer code, seed genetics, and architectural works. Licensed in six states and admitted to practice before the United States Patent and Trademark Office, he has served as lead counsel for clients in more than twenty-five states, offering broad strategic perspective and experience.

Mark brought one of the first cases under the Frank Broyles Publicity Rights Act, Ark. Code Ann. § 4-75-1101, helping to shape the early application of Arkansas’s right of publicity law. He successfully represented professional rodeo athlete Cody James in a case involving the unauthorized commercial use of James’s name and likeness. A decorated competitor, Cody has qualified for the Arkansas Rodeo Association Championships 22 times, is a seven-time ARA Champion, and has been named both Overall Rookie of the Year and Tie-down Roping Rookie of the Year by the Professional Rodeo Cowboy Association. Mark’s advocacy in Cody James v. Boot Barn, Inc., No. 4:22-cv-646-KGB (E.D. Ark. 2023), helped affirm the importance of protecting the identity and brand of professional athletes under Arkansas law.

He also serves as both trial and appellate counsel, offering a comprehensive approach to complex litigation. In Associated Electric Cooperative, Inc. v. Southwest Power Pool, Inc., Case No. 23-1293, (8th Cir. 2024), Mark secured a significant trial and appellate victory, successfully defending a $37.64 million claim in an energy dispute involving tariffed energy rates. The Eighth Circuit agreed that SPP had fully compensated AECI for the transactions in question and held that equitable recovery theories are not available when an express contract governs the parties’ relationship.

Mark is also known for taking a principled stand against improper litigation conduct. In Lyon v. The Academy, Inc., 2024 Ark. App. 386, he obtained Rule 11 sanctions against opposing Arkansas counsel Matthew Campbell and Elizabeth Lyon. The Arkansas Court of Appeals affirmed the sanctions, finding that their claims were frivolous, had no chance of success, and were brought solely to harass and drive up litigation costs—highlighting Mark’s commitment to professionalism and the integrity of the legal process.

When disputes arise with Walmart, Mark provides trusted counsel to both large and small vendors. Given that Walmart is headquartered in Northwest Arkansas and most of its contracts require disputes to be litigated in Benton County, Mark’s location in Fayetteville—home to the federal court for Northwest Arkansas—positions him ideally to handle these matters efficiently and effectively.

Mark is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Eighth and Federal Circuits, and several federal district courts, including the Eastern and Western Districts of Arkansas, the District of Nebraska, and the Eastern and Western Districts of Oklahoma. He also represents clients before the Trademark Trial and Appeal Board in trademark matters.

LAW REVIEW AND OTHER PROFESSIONAL ARTICLES