Can Multiple People Registered As Rights Owner On Amazon

Amazon is dedicated to providing customers with the widest selection of goods on Globe and creating an amazing customer experience. Amazon does non permit listings that violate the intellectual property rights of brands or other rights owners.

This page provides information virtually intellectual property (IP) rights and mutual IP concerns that might arise when selling on Amazon. This is non legal communication. Y'all should consult a lawyer if yous have a specific question about your IP rights or the IP rights of others.

Copyright

What is a copyright?
A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, technology-based works (such as computer programmes), etc. More often than not, copyright law is meant to incentivise the creation of original works of authorship for the benefit of the public. To receive copyright protection, a work of authorship must exist created by an author, and must take some corporeality of inventiveness. If y'all are the author of an original work, and then you typically ain the copyright in that work.

Protection usually arises at the moment of cosmos of a piece of work, without a demand for a registration, certification or other formal act.

In some European countries, there are optional registration systems available to creators (For example, Registro Full general de la Propiedad Intellectual in Spain; SIAE in Italy), merely they but have an evidential or administrative part.

In Europe, each country has its own copyright laws, but all copyright laws prohibit the unauthorised copying and use of original works. There are also laws which prohibit the unauthorised import of products into the EEA or Britain (and their sale therein). Refer the Parallel Imports department beneath.
How do I know if I own the copyright for ane or more of the images I am using on the product detail page?
A person who authors an original work ordinarily owns the copyright for that piece of work. If you take a photograph of your product, you generally have copyright protection in the photo yous took, and you can use that photograph on your product item folio to sell that product. Nonetheless, if you lot find a photo on someone else's website, you should not upload that photo to a product particular folio without the other person'southward permission.

Example: The owner of the Pinzon brand took the photos of the sheets shown beneath and owns the copyright in the images of the sheets. If a seller were to copy these images to sell their product on another product detail page, that seller could be violating the rights owner'southward copyright in the images of the sheets.

Note: When you add your copyrighted prototype to a product detail folio, you grant Amazon and its affiliates a licence to utilize the material. Other sellers can list their items for sale on pages to which you lot have added your copyrighted images, even if you no longer sell that product. To ensure that you are not violating someone'south copyrights, make sure to upload only images or text that you have created yourself or for which y'all have the copyright holder'southward permission to upload.

Refer to the European IPR Helpdesk / EUIPO / WIPO / Britain IPO websites for more information about copyright basics and FAQs.
How do I know if I own the copyright for the product I am selling?
It is important to make sure that the goods y'all are selling do non violate a copyright or you could lose your selling privileges and face potential legal consequences.

You might be able to sell someone else's copyrighted work on Amazon if you have received permission from the copyright owner or if your use is protected by the then-chosen exhaustion principle. For information on the exhaustion principle, please see the Parallel Imports department below.
Tin industrial designs also receive copyright protection?
In some countries (For example, France, Germany, Kingdom of belgium, Italian republic) the dual nature of industrial designs every bit functional and aesthetic creations means they are also protected by copyright. In that location are different requirements – some countries protect just designs with a high "creative character" under copyright, in other countries the threshold is depression. Then be aware that whatever product design may as well exist protected past copyright, and therefore may non be copied freely.

Copyright and Design Right protection can coexist.

Trademark

What is a trademark?
A trademark is a discussion, symbol or pattern, or a combination of same (such as a brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies' appurtenances and services. To put it another manner, a trademark indicates the source of goods or services. Generally, trademark laws exist to forbid customer confusion nearly the source of goods or services.

Example: "Amazon" is a trademark that nosotros use for many of our goods and services. Other Amazon trademarks contain both pictures and words, such as the "Bachelor at Amazon" trademark.

A trademark owner usually protects a trademark by registering it with a state-specific trademark office (e.g. DPMA in Germany; UIBM in Italian republic; INPI in France; OEPM in Spain; UK IPO in the U.k. (UK)) or with a cross-edge office, such as the European Matrimony Intellectual Property Office and the BOIP (for the Benelux region). Trademark protection is territorial by nature i.east. the geographic scope of protection for trademarks is limited and depends on the identify of registration. For case, national trademarks practice non protect the trademark owner at EU level, while EU trademarks give protection in all Member States of the Union.

In some cases and countries (not e.g. in the UK), a person or company might take trademark rights based on merely the apply of a marking in commerce, even though the mark was never registered. Those rights are known every bit unregistered trademarks and come into existence only nether very limited weather.
What practice trademarks protect?
More often than not, trademark law protects sellers of goods and services from the misappropriation of their trademarks by unauthorised third parties, in detail where there is potential customer confusion almost who provides, endorses or is affiliated with such particular goods or services.

A trademark owner may stop others from using a detail marking (a) for goods or services which are identical to those for which the owner has registered his marker; (b) for goods or services that are like to that of the registered mark if information technology is likely that customers could be confused (even if the mark used is not identical but but similar); or (c) if the owner's mark has reputation in the relevant territory and where apply of that same or a similar mark without due crusade takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the possessor's mark.
What types of trademarks are displayed on Amazon?
Trademarks are oft displayed on Amazon's production detail pages in the form of product and make names listed on a production item page. For example, the trademark "Pinzon" appears in the brand proper name or "byline" portion of the product detail page shown below. The "Pinzon" trademark also appears in the product proper noun portion of the production detail page ("Pinzon Flannel Sail Set – Male monarch, Sage").

Refer to the EUIPO website (or for the UK, the UK IPO website) for more information about trademarks.
Do I always demand the rights possessor's permission to use a trademark?
Just because you are not the owner of a trademark does not necessarily mean that you cannot sell the rights possessor's product. If the product is genuine, and not an unlawful parallel import, you lot can use the trademark to marketplace that specific product. For more information on what makes parallel imports unlawful, refer the Parallel Imports section below.

Example: If you lot are selling a genuine Pinzon canvass ready and you are advertising the production every bit a Pinzon sheet set, you are not infringing on the Pinzon trademark.

However, note that the rights owner tin can prohibit the employ of the mark if there exist legitimate reasons to oppose further commercialisation of the goods, peculiarly where the condition of the goods is inverse or impaired after they take been put on the marketplace.

Instance: If the goods are sold by the trademark owner in high-quality packaging which lends a loftier-quality image on the goods, the owner may be able to object to their goods existence sold in cheap packaging that no longer gives a quality image to the goods.

Most other unauthorised uses of a trademark constitute an infringement; if you are unsure whether your utilize violates someone else'south trademark, you should consult a lawyer before listing on Amazon.
As a seller, when can I use someone else's trademark?
Typically, a seller can apply someone else'due south trademark in the following circumstances:
1. When selling accurate goods, a seller may utilise a trademarked name to listing those accurate goods. For instance, a seller who lists an authentic "Pinzon" production is not necessarily infringing on the possessor of the Pinzon trademark because the seller is using the trademark to identify an authentic product.
2. When using a trademarked word in its ordinary dictionary, descriptive meaning .
3. When making truthful statements that a product is compatible with a trademarked product. For example, if y'all offer a cable that is compatible with the Kindle east-reader, you tin can apply the make name "Kindle" to indicate that compatibility in the text of your product detail page. You cannot use a logo to indicate compatibility, only the brand proper noun. Whatever argument you lot make about compatibility must be true, and relevant for the customer's purchase decision (for instance, if your production is actually compatible with all competitor products, it is not permissible to use the brands of these products, as the customer is non at adventure of ownership the "incorrect" product without the compatibility statement).
  "Similar to" claims (such as stating that goods are "similar to Kindle" or "equivalent to Discover") may infringe trademark law, depending on the market place and circumstances. Seek legal counsel before making such comparisons.
If you desire to indicate the compatibility of your product with a production of a different brand in the product championship, please build your production title as follows, too taking account of Amazon Make Name Policy. If yous exercise not apply this format to your product championship, your listing may be removed as potentially trademark infringing.

Title format for branded compatible products

[Your Production'south Brand Name] + [Product Proper name] + "for"/"compatible with"/"fits"/"intended for" + [Make of Principal Product] + [Main Production Proper name] + (other product title elements, if applicative)

Examples:
- Xandu USB charging cable, uniform with AmazonBasics speaker
- TonTon Sleeve intended for Kindle Burn
Championship format for generic compatible products

"Generic" + [Product Proper name] + "for"/"compatible with"/"fits"/"intended for" + [Brand of Main Product] + [Main Product Proper noun] + (other product championship elements, if applicable)

For instance:

Generic Replacement filter for AmazonBasics Waterfilter A3

How tin I make sure that I am not violating trademark constabulary when selling on Amazon?

It is of import to brand certain that the goods you are selling, and the content of your listings, exercise non violate a trademark or you lot could lose your selling privileges and face potential legal consequences. When you decide to sell goods on Amazon, ask yourself the following questions:

Are the appurtenances I am selling from a reputable distributor?
How did I acquire these goods, and will I exist able to evidence they are authentic if the question arises?
Will the style I am describing these appurtenances cause client confusion (for instance, would something near your product detail page for the generic sail prepare cause customers to believe they are purchasing a Pinzon sheet set)?
Did I utilize a brand proper noun or trademark in a non-confusing and true fashion to depict compatibility (more often than not allowed) instead of similarity (non allowed)?

The tabular array below shows examples of correctly and incorrectly branded listings under Amazon listing policy:

Listing title	Make	Status of listing
AmazonBasics Speaker	(blank)	Inactive listing due to incorrect brand field. Because the Make attribute is blank (not "AmazonBasics"), the list title cannot imply that the production is an AmazonBasics product.
AmazonBasics Speaker	AmazonBasics	Agile listing, with correct brand field employ and acceptable title.
Six foot USB charging cablevision, compatible with AmazonBasics speaker	(bare)	Active listing, with adequate championship and brand field employ, IF the charging cable is only compatible with AmazonBasics speakers and non as well with all other electronic devices (if the cable is compatible with several brands just not all, it is acceptable to use the well-nigh important make in the product title and list the others in the bulleted list). Title indicates compatibility without implying that this is an AmazonBasics branded product; brand field may exist bare for generic product.
Wireless Speakers with half-dozen foot USB charging cable, compatible with AmazonBasics speaker	Wireless Speakers Inc.	Active list, with correct brand field utilize and acceptable title, IF the charging cable is only compatible with AmazonBasics speakers and not also with all other electronic devices (if the cablevision is uniform with several brands but not all, it is acceptable to use the most important brand in the product championship and list the others in the bulleted listing).

If you are not sure, yous should consult a lawyer.

What is Counterfeiting?
Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful reproduction of a registered trademark, or a mark that is very similar to a registered trademark, on a product or packaging.

A look-alike detail sold on a separate product detail page without the improper use of a registered trademark is not a counterfeit, even though the item might look similar or identical to the trademarked product. However, lookalike products may infringe upon other intellectual belongings blueprint rights, or constitute (in some countries) unfair competition/passing off.

Patent

What is a patent?
A patent is a course of legal protection for inventions. An issued patent grants its possessor the right to exclude others from making, using, offering to sell, selling or importing the invention into the state which granted patent protection for a fixed number of years.
Are there different types of patents?
Not in the EU or the United kingdom. Other countries distinguish different patent types, though. For instance, in the United States at that place are two primary types of patents: Utility patents and Pattern patents.
What is the difference betwixt a patent, trademark and a copyright?
A patent is different from a copyright in that it does non protect the expressive content of a creative work similar a book or a picture, simply protects a specific invention, such as a new method of printing books or a new type of camera.

Refer to The European Patent Office website (or for Britain, the UK IPO website) to find out more about patents.
How can I brand sure that I practise non violate someone'due south patent when selling on Amazon?
The manufacturer or authorised distributor of a production might exist able to assist you with patent-related bug. If yous are unsure whether your content or production violates someone else's patent, you should consult a lawyer before list on Amazon.

Industrial designs

What is an industrial design?
An industrial design is a class of legal protection for an original ornamental plastic form of an object or set of lines and colours that may exist applied to a product. An industrial blueprint protects the appearance of a production and is intrinsically linked to a product.
How tin I make certain that I practice not violate someone's design when selling on Amazon?
The manufacturer or distributor of a product might be able to aid yous with design-related bug. If y'all are unsure whether your content or product violates someone else's design, yous should consult a lawyer earlier listing on Amazon.

Utility models

What is a utility model?
A utility model is another form of legal protection for inventions, just for so-called "minor inventions". The registration system is similar to the patent organisation. Not all European countries have utility models, but Espana, Italy, French republic and Germany have this type of IP right.
What is the difference between a utility model and a patent?
In its bones definition, a utility model is very similar to a patent, except that the requirements for acquiring a utility model are less stringent than for patents (quicker registration without the examination of novelty, inventive steps and industrial applicability).
How can I make sure that I do not violate someone'southward utility model when selling on Amazon?
The manufacturer or authorised distributor of a product might be able to assist yous with utility model-related issues. If yous are unsure whether your content or production violates someone else's utility model, you should consult a lawyer before listing on Amazon.

Refer to the European IPR Helpdesk for more information most utility models.

Designs

What is a pattern?
A design is a form of legal protection for the appearance of the entire product or a part of it which results, in item, from the characteristics of line, contours, colours, form, surface structure and/or materials of the product and/or its decoration. Any industrial or handicraft item including packaging, graphic symbols and typefaces qualify as a production. Parts of products that can be taken apart and reassembled can as well be protected.

Design is territorial: a blueprint owner usually protects a blueprint past registering it with a country-specific office (e.g. DPMA in Germany; UIBM in Italy; OEPM in Espana); UK IPO in the Great britain) or with a cantankerous-border role, such as the Eu Intellectual Property Office (obtaining a registered Community pattern).

According to Eu and Great britain police, a blueprint can be registered, simply unregistered designs are likewise protected to some extent. Unregistered pattern rights are acquired automatically and with no need for formalities. The unregistered European union design right is more limited in telescopic also equally duration (3 years) than the EU registered design right. The United kingdom of great britain and northern ireland unregistered design right is different to the unregistered EU design right – most notably, the UK unregistered pattern right lasts for a maximum of 15 years from when first recorded in a design certificate or (if earlier) from when an article is showtime made to the blueprint.
How can I make certain that I do not violate someone'due south design when selling on Amazon?
The manufacturer or authorised benefactor of a product might exist able to assist you with design related issues. If y'all are unsure whether your content or product violates someone else's pattern, you lot should consult a lawyer before listing on Amazon. Refer to the EUIPO website (or for UK, the UK IPO website) to find out more about designs.

Parallel imports

What is a parallel import?

EEA

Intellectual belongings rights owners (in particular, trademark owners, copyright holders and their licensees) may prohibit yous from importing or selling their appurtenances in the European Economic Area (EEA), if you lot sourced them from exterior the EEA.

Where the rights possessor has the right to prohibit you lot from selling their appurtenances in the EEA, this prohibition applies fifty-fifty if the rights possessor distributes the same product type in the EEA or does not distribute in the EEA, equally long every bit the rights owner holds an intellectual property right in the EEA. Therefore, if you intend to list, for case, branded products or media items on Amazon's European union marketplaces which you lot source outside the EEA (for instance, in the Britain or the Us) or from unofficial channels inside the EEA, seek adept legal advice and brand sure that the rights possessor does non object to such parallel import. Otherwise, Amazon may be asked by the rights owner to take down your listings on Amazon's European union marketplaces for IP infringement. Whether or non burnout applies may differ on an item-by-item basis so y'all should check the position in relation to each item y'all intend to list.

Parallel import of goods sourced outside the EEA for auction in the EEA with the rights owner'southward consent could still impact customer experience if the not-EEA product differs from the EEA version in any manner (due east.g. packaging, warranty coverage, product variations). Depict your product appropriately to avoid negative customer feedback.

U.k.

The laws in the Great britain are very similar to those in the EEA. IP rights owners may prohibit you from importing or selling their appurtenances in the United kingdom of great britain and northern ireland unless yous, your supplier or an upstream supplier have the rights owner'south consent to sell the items in the EEA or UK (i.eastward. the products are "exhausted" in the EEA or the UK). Information technology is important to note that a rights possessor tin prohibit the sale of an detail that you lot sourced in the U.k. in Amazon's European marketplaces outside United kingdom of great britain and northern ireland if they have non consented to the sale of that detail in the EEA.

How can I make sure that I do non sell (illegal) parallel import goods?

EEA

Make sure only to sell products on Amazon's European union marketplaces which you have either imported yourself with the rights possessor's consent, or which you have sourced – directly or indirectly – from a supplier who has been authorised by the rights owner to import the products into the EEA (e.m. a subsidiary of the rights owner or an authorised EEA benefactor). Note that if the rights owner challenges your sales of non-EEA products, you lot volition have to prove that these were imported into the EEA with the rights owner's consent. So brand certain to keep the invoices, potency messages etc. for these products.

For example: If yous decide to sell a used copy of someone else's book on Amazon in the EEA, you are selling someone else's copyrighted piece of work. If yous bought the volume from the publisher in the EEA or an authorised distributor, you are unremarkably protected past the burnout principle. But if you, or your supplier or your supplier's supplier, bought the book outside the EEA, you are probably infringing copyright by reselling information technology in the EEA.

Make sure you merely sell products on Amazon'south UK marketplace which y'all have imported into the EEA or Britain yourself with the rights owner'southward consent (including their consent for you to sell in the EEA or the U.k.), or which you have sourced – directly or indirectly – from a supplier who has been authorised by the rights owner to import or sell the products in either the EEA or the UK (e.g. an authorised subsidiary of the rights owner or an authorised EEA or United kingdom distributor). Notation that if the rights owner challenges your sales of products on the ground that they are illegal parallel imports, you will accept to bear witness that these were imported or sold in the UK or the EEA with the rights owner's consent. So make sure to go on the invoices, authorisation letters etc. for these products.

For example: If you make up one's mind to sell a used copy of someone else's book on Amazon in the United kingdom, you are selling someone else's copyrighted work. If you lot bought the book from the publisher in the EEA or United kingdom of great britain and northern ireland, or from an authorised distributor of the publisher in the EEA or UK, you are usually protected past the exhaustion principle. Simply if yous, or your supplier or your supplier's supplier, bought the book exterior the EEA or United kingdom, you are probably infringing copyright past reselling it in the UK.

What to do if your account receives a alarm or pause

What happens when I receive a alert that my listing is being removed due to a report of intellectual belongings rights infringement? What if I own the rights to the intellectual property?
If you receive a warning for infringement, you lot will take several options to appeal or dispute the claim:
1. If yous receive a warning for a product you never listed on Amazon, reply to the notification you received and let u.s.a. know that y'all accept never listed the reported product. We will investigate to make up one's mind if an mistake occurred.
2. If you accept an established human relationship with the rights owner who submitted the complaint (licence, manufacturing or distribution agreement, etc.), we encourage you to reach out to the rights possessor and asking that the complaint be retracted. If we receive a retraction from the rights owner, your content may be reinstated. The rights owner's contact information is provided in the alarm you received.
3. If you lot believe that a rights owner, or Amazon, made an error when removing your product list, reply to the notification yous received and provide specific reasons every bit to why you believe a mistake was made. Provide any invoice or Order ID that demonstrates the actuality of the product, where appropriate. We will then re-evaluate the notice and your content may be reinstated.
What do I do if I take received multiple warnings of intellectual property infringement?
If you take received multiple warnings of intellectual holding infringement and you believe you are selling authentic products, entreatment via your Seller Central business relationship with the post-obit information:

A list of the allegedly infringing ASINs and at least one of the following:
1. Invoices proving the authenticity of your products; or
2. Guild IDs demonstrating production authenticity; or
3. An authorisation letter from the rights possessor (that is not a forwarded email)
What do I practice if my account has been suspended?
If your account has been suspended as a result of rights owners submitting notices of intellectual property infringement against your products or content, you can provide u.s. with a viable Program of Activity that includes the following information:
1. The reasons why you were selling allegedly infringing products or uploaded allegedly infringing content, or both
2. The steps you have taken to ensure that you are no longer infringing;
3. How y'all volition avoid infringement in the time to come; and
4. Whatsoever other pertinent information
You should send your Plan of Action via your business relationship dashboard or answer to the business relationship suspension notification that you received. Nosotros will evaluate your Plan of Activity and determine if your account may be reinstated. Note that Amazon terminates the accounts of repeat infringers in advisable circumstances.
What if I didn't know I was violating someone's intellectual belongings?
Sellers are expected to follow the law and Amazon's policies. Amazon takes claims of intellectual property infringement seriously. Fifty-fifty if a seller is infringing on someone's intellectual property without knowledge, we will still take action and the seller's account might receive a warning or be suspended. You lot should consult an attorney for help to ensure that your business has the right procedures in place to prevent IP infringement.
What exercise I do if I receive a detect for parallel import?
If your products are not illegal parallel imports, nosotros strongly encourage you to contact the rights owner to address the complaint directly and obtain a retraction. Only if the rights possessor is unresponsive, you may entreatment to us past providing us with bear witness that the specific products yous sold were imported into the EEA and sold in the relevant territory (European union/UK) with the rights owner'south permission. Invoices showing that you sourced from an authorised distributor of the rights possessor may be i type of such evidence.

Geographical indication

i. What is a geographical indication?

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product equally originating in a given identify. In addition, the qualities, characteristics or reputation of the product should be essentially due to the identify of origin. As the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

2. What rights does a geographical indication provide?

A geographical indication right enables those who have the right to use the indication to preclude its use by a third party whose production does not adapt to the applicable standards. For case, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude employ of the term "Darjeeling" for tea non grown in their tea gardens or non produced co-ordinate to the standards set out in the lawmaking of practice for the geographical indication.

Even so, a protected geographical indication does non enable the holder to prevent someone from making a production using the same techniques every bit those set out in the standards for that indication. Protection for a geographical indication is usually obtained by acquiring a right over the sign that constitutes the indication.

Refer to the WIPO website for more data nigh geographical indications.

3. Who can apply a protected geographical indication?

The right to use a protected geographical indication belongs to producers in the geographical area defined, who comply with the specific atmospheric condition of production for the product.