Selling on Amazon India offers huge opportunities — but also risks, especially around Intellectual Property Rights (IPR). One of the most common causes for seller account warnings and takedowns is trademark infringement.
In this article, we explain what trademarks are, how they affect your listings, and how to protect yourself from violating someone else’s rights — or how to enforce your own.
🧠 What Is a Trademark?
A trademark is a unique identifier — a name, logo, symbol, tagline, packaging style, or even a sound — that distinguishes your brand or product from others in the market.
🔹 Examples:
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✅ Brand Name: Nike
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✅ Logo: The ✔️ swoosh
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✅ Tagline: “Just Do It”
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✅ Product Packaging: Coca-Cola bottle shape
📦 How Do Trademarks Affect Amazon Sellers?
On Amazon India, trademark protection matters in two major ways:
1. As a Seller: You must avoid using someone else’s registered brand name, logo, or packaging unless authorized.
2. As a Brand Owner: You can protect your registered brand through Amazon Brand Registry and take down copycats.
⚠️ Common Trademark Infringement Mistakes on Amazon
Many sellers violate trademark laws unknowingly. Some typical examples:
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❌ Using another brand’s name in the title or product description
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❌ Selling “inspired by” or replica products using the original brand’s keywords
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❌ Using branded packaging designs without permission
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❌ Listing counterfeit or branded look-alike items
Even if your product is original, if your listing suggests association with a protected brand, Amazon may remove it.
🛑 What Happens if You Infringe a Trademark?
If someone (brand owner or their legal team) files a complaint against your ASIN:
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📩 You get a policy warning email from Amazon
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🚫 The ASIN may be suppressed or removed
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❌ Repeated violations may lead to account deactivation
🔍 How to Check if a Brand Name Is Trademarked (India)
You can search for Indian trademarks here:
🔗 https://ipindia.gov.in/
Search by wordmark (brand name) or proprietor (owner’s name). If it's registered under a relevant class (e.g., Class 25 for clothing), avoid using it unless authorized.
✅ Tips to Stay Safe from Trademark Issues on Amazon
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✔️ Never use another brand’s name unless you're a reseller or authorized distributor
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✔️ Don’t use keywords of popular brands for SEO tricks
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✔️ If you're building your own brand — register your trademark and enroll in Amazon Brand Registry
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✔️ If you're private labeling, ensure the product design, logo, and packaging are original and legally safe
🧾 Trademark vs Brand Registry on Amazon
| Feature | Trademark (Govt) | Amazon Brand Registry |
|---|---|---|
| Legal protection | Yes (via IP India) | No, but gives Amazon tools |
| Duration | 10 years (renewable) | Active as long as Amazon account |
| Filing process | Through IP India (online) | Must have registered trademark |
| Useful for | Legal action, global protection | Infringement reporting on Amazon |
💡 Why You Must Understand Trademarks as a Seller
Many Indian sellers are unaware that even using a brand name in keywords or creating a similar logo can trigger Amazon's automated detection system or brand-owner complaints.
Understanding trademarks helps you:
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Avoid policy violations
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Protect your ASINs from takedowns
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Build a safe, professional brand presence
🧰 Final Thoughts
Trademarks are not just for big companies — they apply to every seller on Amazon. Whether you’re reselling, private labeling, or building your own brand, it’s essential to understand what you can and cannot do.
In our next article, we’ll dive deeper into how to register your own trademark in India and how to use it for Brand Registry on Amazon.
