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.
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.
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.
Stay vigilant by reviewing your listings frequently. Consider adding anti-counterfeit SOP measures to your routine and daily tasks.
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.
Considering the tools sellers can access with Brand Registry, the program is worth it. Review some additional benefits/tools below:
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:
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.
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.
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.
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.
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.
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:
With enrollment in Brand Registry, you can also access Amazon’s other anti-counterfeit measures, such as the coveted Transparency program and Project Zero.
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.
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:
Unfortunately, you can lose access to Project Zero, jeopardizing your account. Here are some factors that can get you booted from Project Zero:
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.
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.
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.
Amazon will leverage this information to check the authenticity of products, trademarks and patents. If authenticity isn’t confirmed, Amazon will remove the account.
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.
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
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