How Indian sellers can protect their brands and listings on Amazon U.S.
By Prashant Kumar
Introduction: Why Every Indian Amazon Seller Should Think Beyond an Indian Trademark
Thousands of Indian brands now sell on Amazon U.S., from skincare and home décor to electronics and apparel. But many don’t realize that an Indian trademark alone won’t qualify them for Amazon Brand Registry — or protect them from counterfeiters and hijacked listings in the U.S. marketplace.
Amazon’s Brand Registry is one of the most powerful brand protection tools available, but it’s also exclusive — only sellers with an active U.S. trademark (or a trademark from one of Amazon’s accepted countries) can join.
This article explains why Indian sellers need a U.S. trademark, how to get one efficiently, and how it directly affects your brand’s visibility, authenticity, and sales growth on Amazon U.S.
What Is Amazon Brand Registry and Why Does It Matter?
Amazon Brand Registry is a program that gives verified brand owners advanced control over their listings, protection from copycats, and access to powerful marketing tools — but it requires a registered trademark.
Once enrolled, Brand Registry unlocks a suite of benefits that go beyond basic seller privileges. It allows brand owners to:
- Report and remove counterfeit listings instantly;
- Gain priority over unauthorized resellers;
- Create A+ Content and enhanced brand storefronts;
- Access Amazon Brand Analytics, keyword data, and ads; and
- Build stronger customer trust through verified branding.
For Indian sellers shipping products under their own brand, this isn’t optional — it’s what separates generic listings from legitimate, high-conversion brands.
Does an Indian Trademark Qualify for Amazon Brand Registry?
No — an Indian trademark alone doesn’t qualify for Amazon Brand Registry on Amazon.com (U.S.).
Amazon only accepts trademarks registered in specific jurisdictions, including the U.S., U.K., Canada, EU, Japan, and a few others. While India is not currently part of this list, Indian brands can still participate — by obtaining a U.S. trademark registration through the USPTO or extending their Indian registration via the Madrid Protocol (designating the U.S.).
So, if your business sells to U.S. consumers on Amazon.com, registering your trademark in the U.S. is not just advisable — it’s essential.
How Indian Sellers Can Get a U.S. Trademark for Amazon Brand Registry
Indian sellers have two routes to obtain a U.S. trademark:
- Direct Filing with the U.S. Patent and Trademark Office (USPTO), or
- Madrid Protocol filing through WIPO, designating the U.S.
For detailed step-by-step guidance, you can read:
👉 How to Register a Trademark in the U.S. from India
👉 How to Protect Your Brand Internationally Using the Madrid Protocol
Once your mark is registered (not just filed) with the USPTO, you can submit it for Brand Registry verification.
Why U.S. Trademark Registration Is Worth It for Amazon Sellers
Beyond eligibility, a U.S. trademark gives your brand legal and commercial leverage:
- ✅ Protects your listings from counterfeiters and “listing hijackers.”
- ✅ Boosts brand credibility — verified brands dominate search results.
- ✅ Increases valuation if you ever sell your Amazon business.
- ✅ Unlocks global trade marks — the same U.S. registration can be extended to other markets later.
For example, a Delhi-based D2C brand called HerbaSkin Naturals registered its U.S. trademark under Class 3 (cosmetics). Within weeks of Brand Registry approval, it gained access to A+ Content, a custom brand store, and automatic takedowns of counterfeit listings — protecting both its customers and reputation.
Timelines, Costs, and Practical Tips
A U.S. trademark typically takes 9–12 months to register, though you can apply for Brand Registry once your mark appears as “Approved for Publication” in the USPTO database.
Approximate costs:
- USPTO filing fee: USD 250–350 per class
- Attorney/firm support: USD 400–600 (depending on complexity)
For Indian sellers, partnering with a law firm like Eclectic Legal, which has a dedicated International Trademark Desk, ensures filings are done correctly, tracked continuously, and eligible for Brand Registry without delay.
Can I Use an Online Filing Portal for This?
You can — but it’s risky. Most portals only “file and forget,” offering no tracking or support when USPTO issues Office Actions (which happens in over half of foreign filings).
Amazon often rejects applications filed incorrectly or without proper proof of ownership.
A professional law firm like Eclectic Legal ensures:
- Your application matches Amazon’s eligibility criteria;
- All USPTO requirements are met;
- You’re guided through objection handling and proof-of-use filing; and
- Your brand is ready for seamless Brand Registry activation.
FAQs: Amazon Brand Registry and U.S. Trademarks for Indian Sellers
1. Can I apply for Amazon Brand Registry with an Indian trademark?
No — an Indian trademark alone is not eligible for Amazon Brand Registry on Amazon.com (U.S.).
Amazon only accepts trademarks registered in select jurisdictions, such as the United States, United Kingdom, Canada, EUIPO, Japan, and a few others. India is not on this approved list.
For Indian sellers listing products on Amazon U.S., the only reliable way to qualify is to secure a U.S. trademark registration. This registration gives Amazon the ability to verify brand ownership directly through the USPTO database, ensuring that only legitimate brand owners can access Brand Registry tools. Without this verification, Amazon treats you like a generic seller — even if you legally own the brand in India.
2. Why does Amazon require a U.S. trademark for Brand Registry on Amazon.com?
Because Amazon must verify ownership in the same legal jurisdiction where the marketplace operates.
A U.S. trademark gives Amazon:
- A clear, verifiable legal record of your brand ownership;
- Proof that your brand has passed examination under U.S. law;
- A basis for enforcing takedowns, brand reports, and infringement actions.
Amazon cannot depend on Indian trademark databases to authenticate brand ownership for the U.S. marketplace. The USPTO database provides Amazon with a reliable, centralised, and legally recognised source of truth — which is why having a U.S. registered trademark is non-negotiable.
3. When can I apply for Amazon Brand Registry — after filing or after registration?
You don’t need to wait for full registration.
Amazon allows sellers to apply once the USPTO status shows:
“Approved for Publication” or “Published”
This means you can typically apply for Brand Registry around 3–4 months after filing, provided there are no early objections. Amazon verifies the application through the USPTO records and then sends you an authorisation code to complete the process.
However, if your application receives an Office Action or objection, Brand Registry will be delayed until the issue is resolved. This is another reason why accurate filing and professional tracking are critical.
4. How long does U.S. trademark registration take for Amazon sellers?
A complete registration typically takes 9–12 months, depending on examination, publication, and proof-of-use requirements.
Madrid Protocol filings may take slightly longer (up to 16–18 months).
However, since Amazon allows Brand Registry at the publication stage, most Indian sellers can activate Brand Registry in 3–5 months, even before the final registration certificate is issued.
5. Can I file a U.S. trademark by myself?
Not directly.
Since 2019, the USPTO requires all foreign applicants — including those from India — to be represented by a U.S.-licensed attorney.
This rule exists because foreign filings often require legal arguments, responses to Office Actions, and precise classification drafting.
Most Indian sellers choose to engage an India-based firm like Eclectic Legal, which coordinates the full process with its U.S. associates, ensuring compliance, tracking, and handling objections professionally.
6. What happens if I don’t use my trademark in the U.S. after registration?
The U.S. system is use-based, meaning that you must eventually prove real commercial use in the United States.
If you register your mark but fail to use it, your trademark can be:
- Cancelled at the 5–6 year maintenance stage (Section 8 declaration), or
- Challenged and removed by another party for non-use.
For Amazon sellers, fulfilling “use in commerce” is straightforward — listings, sales screenshots, and shipping confirmations usually qualify as acceptable evidence. Eclectic Legal advises sellers exactly what proof is needed, how to preserve it, and when it must be filed.
7. Why is a U.S. trademark considered essential for Amazon Brand Registry?
Because Brand Registry unlocks Amazon’s most protective and profitable features, including:
- A+ Content and premium storefronts
- Search suppression for hijackers
- Brand Analytics & keyword data
- Automated counterfeit detection
- Ability to file fast takedowns
- Protection from “listing hijackers” and cheap copycats
Without Brand Registry, an Indian seller remains vulnerable to unauthorised sellers who can hijack Buy Box, alter product images, manipulate listings, or ride on your advertising spend.
A U.S. trademark is therefore a commercial shield, legal anchor, and brand power-booster for anyone selling on Amazon U.S.
8. What if my listing is already being hijacked on Amazon U.S.?
Without Brand Registry, your options are limited and slow.
Amazon usually asks for:
- invoices,
- supplier details,
- proof of manufacturing,
- and extensive documentation.
Once enrolled in Brand Registry, you gain access to immediate takedown tools, and Amazon’s automated system proactively detects counterfeit or duplicate listings.
Brand Registry gives you enforcement advantages that regular sellers simply don’t have.
9. Is it risky to use cheap online filing portals for a U.S. trademark?
Yes — very risky.
Most online portals are not law firms. They:
- file generic applications,
- offer no follow-up support,
- fail to track USPTO deadlines,
- do not handle objections or Office Actions, and
- often cause applications to be abandoned.
If your mark receives an objection (which happens in 60% of foreign filings), these portals cannot represent you, leaving you stranded.
For Amazon sellers whose income depends on Brand Registry, it is never worth risking a failed filing to save a few hundred dollars.
A law firm like Eclectic Legal provides:
- drafting,
- filing,
- tracking,
- objection-handling,
- proof-of-use guidance,
- and long-term maintenance —
ensuring the trademark actually gets registered and works for Brand Registry.
10. How much does it cost to get a U.S. trademark for Amazon Brand Registry?
Approximate costs:
- USPTO fee: USD 250–350 per class
- Attorney fee: USD 400–600
- Full-service package (Eclectic Legal): Transparent fixed fee covering
- consultation
- drafting
- filing
- ongoing tracking
- handling objections
- assisting with Amazon Brand Registry verification
Compared to the risk of listing hijacks, counterfeiters, or delays in Amazon Brand Registry access, these costs are modest and strategic.
11. When should Indian sellers ideally apply for a U.S. trademark?
Ideally before listing products on Amazon U.S., because:
- It prevents copycats from registering your brand first.
- You can activate Brand Registry sooner.
- You avoid hijacks early in the listing lifecycle.
Many Indian sellers wait until they face problems — by then, a hijacker may already have cheaper listings, captured SEO advantage, or manipulated product reviews.
Early filing eliminates these risks entirely.
12. Does a U.S. trademark help if I expand to other countries later?
Yes.
A U.S. registration becomes a strong base for global expansion.
You can:
- File through the Madrid Protocol later,
- Claim extensions to EU, UK, Australia, UAE, etc.,
- Strengthen negotiations with distributors or investors,
- Build consistent global brand ownership.
Many Indian Amazon sellers eventually expand to multiple marketplaces — and a U.S. trademark becomes the foundation of their entire global branding strategy.
Conclusion: Protect Your Brand Before You List It
If you’re building a serious Amazon business, your U.S. trademark is your first line of defense.
It’s not just a legal formality — it’s your key to control, trust, and visibility on the world’s largest e-commerce platform.
For Indian sellers, securing that registration early can prevent copycat issues, safeguard listing integrity, and unlock the full power of Amazon Brand Registry.
Eclectic Legal helps Indian entrepreneurs navigate this journey — from filing to verification — ensuring your brand remains yours, no matter where you sell.
About the Author
Prashant Kumar is a Company Secretary, Published Author, and Partner at Eclectic Legal, a full-service Indian law firm advising on corporate, regulatory, and intellectual property matters. He specialises in international trademark registration, Amazon Brand Registry compliance, and cross-border brand protection for Indian startups, exporters, and D2C brands.
For consultations, you can reach him at:
📩 prashant@eclecticlegal.com
📞 +91-9821008011
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