With over 300 million active customers, Amazon has become the go-to platform for entrepreneurs, private label sellers, and brand owners seeking direct access to a global marketplace. But as the e-commerce landscape becomes increasingly competitive, sellers often ask a crucial legal question: “Do I need a trademark to sell on Amazon?”

The short answer is: You don’t need a trademark to start selling — but if you’re serious about building a sustainable brand, you absolutely should have one. In this guide, we’ll explore why a federal trademark isn’t just a smart move, but often essential for long-term success on Amazon.

 

Selling on Amazon Without a Trademark

Technically speaking, Amazon does not require you to own a trademark to list products on its marketplace. You can open a seller account, upload product listings, and begin fulfilling orders without a registered mark. Many small sellers and resellers begin this way, especially when testing a new product or entering the market for the first time.

However, the freedom to sell without a trademark comes with significant limitations — and growing risks. Sellers without registered trademarks often face copycats, counterfeiters, and even wrongful takedowns by competitors who do have registered marks. Worse still, once your product gains traction, it becomes an easy target for bad actors to mimic your branding, undercut your price, and confuse your customer base.

 

Why Trademarks Matter on Amazon

The reality is that brand protection is no longer optional for Amazon sellers — it’s an essential strategy for survival. If you plan to sell under a private label, invest in custom packaging, or promote a brand name, then securing a federal trademark is a smart business decision.

One of the key advantages of owning a registered trademark is access to Amazon Brand Registry — a powerful tool designed to help brand owners protect their intellectual property and enhance the customer experience.

 

What Is Amazon Brand Registry?

Amazon Brand Registry is a program that gives sellers enhanced control over their brand representation. To enroll, you must have an active federal trademark registered with the United States Patent and Trademark Office (USPTO) — not just a pending application. Once approved, you’ll gain access to tools that let you:

• Remove counterfeit listings more easily

• Prevent unauthorized sellers from hijacking your listings

• Create branded content, such as A+ product pages and custom storefronts

• Control how your brand appears in search results

• Monitor product listings that use your brand name

Without a registered trademark, you won’t be able to take advantage of these powerful tools, leaving your brand exposed to abuse and misrepresentation.

 

The Risk of Listing Hijackers

One of the biggest headaches Amazon sellers face is listing hijacking — when another seller adds their own product to your existing listing and undercuts your price. Often, these hijackers don’t sell the same quality product, leading to poor reviews and a damaged reputation.

When you own a registered trademark and are enrolled in Brand Registry, you gain the ability to report hijackers and request swift action from Amazon. Without it, your recourse is limited, and the takedown process can be slow and inconsistent.

 

Protecting Long-Term Brand Value

Even if your Amazon venture starts small, your long-term success hinges on building a brand that customers recognize and trust. A federal trademark allows you to legally claim exclusive rights to your brand name, logo, or slogan — not just on Amazon, but across the United States.

If someone else files a trademark for a similar name before you do, they could block you from using your brand, even if you were the first to sell on Amazon. In a worst-case scenario, you might have to rebrand completely, losing customers, momentum, and goodwill.

Registering your trademark early eliminates that risk and sends a message that you take your brand — and your legal rights — seriously.

 

The Trademark Registration Process

Getting a federal trademark starts with filing an application through the USPTO. You’ll need to provide the name, logo, or phrase you want to protect, the class of goods or services you’re offering, and evidence of how you’re using the mark in commerce.

Once filed, the USPTO reviews your application, checks for conflicts with existing trademarks, and — if no issues arise — approves your mark for registration. The full process can take anywhere from 8 to 12 months.

Because Amazon only accepts registered trademarks for Brand Registry (not pending applications), it’s important to file early if you plan to use those benefits. Working with a trademark attorney can help ensure your application is filed correctly and stands the best chance of approval.

 

Common Mistakes Amazon Sellers Make

A frequent mistake new Amazon sellers make is assuming that a brand name available on the platform is also available for trademark registration. In reality, many brand names used on Amazon infringe on someone else’s rights without the seller even knowing.

Before investing in packaging, inventory, or advertising, it’s critical to conduct a proper trademark clearance search. This helps you avoid names that are already taken or too similar to registered trademarks, which could expose you to legal claims or force a rebrand down the line.

Another error is waiting too long to register. If you wait until your product becomes successful, it may be too late. By then, others may have copied your name, filed similar trademarks, or created confusion in the market.

 

Trademarks and International Amazon Sellers

For sellers operating outside the U.S. but selling on Amazon.com, it’s still possible — and recommended — to register a U.S. trademark. The USPTO allows foreign applicants to file, though you’ll need to work with a licensed U.S. attorney. Once you have a U.S. registration, you can also leverage it to apply for protection in other countries under international trademark treaties like the Madrid Protocol.

This global protection is especially valuable if you plan to expand your sales beyond Amazon into physical stores, your own e-commerce website, or international marketplaces.

 

Final Thoughts: Trademark as a Business Investment

While you can technically sell on Amazon without a trademark, doing so leaves your brand vulnerable and your business growth restricted. A registered trademark is more than a legal tool — it’s a strategic asset that enables you to scale with confidence, protect your reputation, and take full advantage of what Amazon has to offer.

If you’re serious about building a real brand on Amazon, registering your trademark isn’t just a box to check — it’s a foundational step. Secure your rights before someone else does.

At Cohn Legal, PLLC, we help Amazon sellers protect their brand names, file USPTO applications, and navigate the legal side of e-commerce. Whether you’re just getting started or ready to enroll in Brand Registry, we’re here to guide you every step of the way.