Amazon’s Brand Registry and the Fight Against Counterfeits
Amazon’s Brand Registry and the Fight Against Counterfeits
Most people know Amazon as the place to buy almost anything, but fewer realize it has reshaped trademark law in practice through its Brand Registry. The Brand Registry was built to fight counterfeits, yet it has also created new challenges for businesses and the U.S. trademark system. To understand its impact, we first need to define some key terms.
What Is a Trademark?
A trademark is any word, phrase, symbol, design, or combination of these that identifies the source of goods or services and distinguishes them from competitors. Examples include the Nike “swoosh” and the word “Coca-Cola.”
Trademarks gain basic protection once they are used in commerce, but registering with the U.S. Patent and Trademark Office (USPTO) strengthens those rights. A registered trademark is legally presumed valid, belongs to its owner, and gives that owner the exclusive right to use it nationwide.
Infringement vs. Counterfeiting
Trademark infringement occurs when someone uses a mark without permission in a way likely to confuse consumers. For instance, selling sneakers under the brand name “Nikey.” Intent does not matter; even accidental misuse can be infringement.
Counterfeiting goes a step further. It involves fake goods that deliberately copy a trademarked product using an identical or nearly identical mark, like counterfeit Louis Vuitton handbags. Counterfeiting is a form of infringement but carries harsher penalties. Under the Lanham Act, owners can sue counterfeiters, and the Trademark Counterfeiting Act of 1984 also allows federal criminal prosecution.
Amazon’s Private Enforcement System
Traditionally, brands relied on courts to stop counterfeiters. Amazon, however, created its Brand Registry, a private system that allows trademark owners to quickly remove counterfeit listings from its platform. To use it, sellers must own or have applied for a registered trademark with the USPTO.
This requirement has changed business behavior. In the U.S., registration has always been optional, since using a mark in commerce alone creates rights. But because of Amazon’s rules, sellers now feel pressure to register simply to protect their presence on the platform.
The Effects of Mandatory Registration
The Brand Registry has spurred a surge in U.S. trademark applications, many from small businesses that might never have registered before. This increase has overwhelmed the USPTO, leading to processing delays. At the same time, the Brand Registry has produced unintended consequences:
Fraudulent registrations: Some bad actors register marks already in use on Amazon, then pressure legitimate sellers with takedown threats.
Overbroad claims: Sellers register common words in stylized fonts, like mustache in a decorative style. Legally, protection should apply only to the design, but Amazon often enforces it as if the seller owns the word itself.
Nonsense marks: Sellers increasingly use meaningless names like ELXXROONM. These qualify for protection because they are unique but mainly serve to manipulate Amazon’s search algorithm. Consumers do not remember them, which pushes them to rely more on Amazon’s search tools—and Amazon’s own brands.
The Bigger Picture
Trademarks were designed to protect consumers by reducing confusion in the marketplace and making brands trustworthy identifiers of goods. Amazon’s Brand Registry, however, has shifted this purpose in the digital marketplace. Its rules now play a major role in shaping how businesses operate on its platform and how they engage with the U.S. trademark system, rather than relying solely on courts or federal law.
While the Brand Registry has helped combat counterfeits, it has also shifted incentives, strained the USPTO, and created new avenues for abuse. The challenge ahead is deciding whether U.S. trademark law should adapt to Amazon’s system—or whether reforms are needed to ensure that trademark protections continue to serve the public interest rather than the rules of a single company.
Sources
Addison Dunlap, How Amazon is Changing the US Trademark System, NYU School of Law, July 15, 2025, https://www.nyu.edu/about/news-publications/news/2025/july/how-amazon-is-changing-the-us-trademark-system.html.
BrewerLong, Counterfeit vs. Trademark Infringement: What Is the Difference?, May 26, 2022, https://brewerlong.com/information/business-law/counterfeit-vs-trademark-infringement/.
Jeanne C. Fromer & Mark P. McKenna, Amazon’s Quiet Overhaul of the Trademark System, California Law Review Volume 114, August 2025, https://www.californialawreview.org/print/amazon-trademark.
Kristina Montanaro Schrader & Maia T Woodhouse, United States: How a multi-pronged legislative approach is curbing the online trade in fakes, World Trademark Review, June 24, 2024, https://www.worldtrademarkreview.com/guide/anti-counterfeiting-and-online-brand-enforcement/2024/article/united-states-how-multi-pronged-legislative-approach-curbing-the-online-trade-in-fakes.
