how does a lawyer get amazon brand gating

by Mr. Sheridan Volkman 8 min read

How to deal with brand gating on Amazon?

First, they must sign up for Amazon’s Brand Registry program. Once a brand registration is successfully approved, brand owners can then apply for brand gating protection. Brands that are not on the registry will not be considered for the brand gating program.

How do I get my brand gated on Amazon?

Feb 16, 2022 · Lawyer-assisted application. You can also tap your legal department to handle the brand gating process. Legal professionals who are well-versed with Amazon brand gating can get you set up quickly and with less hassle. Depending on your lawyer, this can mean shelling out around $1,000 for their assistance.

Should I join the Amazon Brand Registry program?

Feb 22, 2018 · You don t have to work with a lawyer to get your brand gated, but it could help, particularly if it s your first time. The real key is to know exactly what Amazon wants (all of the above), which speeds up the process and improves your chance of getting gated the first time. I ve brand gated enough to know exactly what Amazon wants, says Hixon.

What happens if you sell a gated item on Amazon without approval?

Aug 25, 2020 · How to Get Your Brand Gated as a Brand Owner. 1. Register Your Trademark. You can’t take advantage of the Amazon Brand Gating program if you’re not the official trademark owner. This is why you ... 2. Join Amazon Brand Registry. 3. Provide the ASINs of the Products You Want to Gate. 4. Explain Your ...

How do you become gated on Amazon?

What is Amazon brand gating?Pay a fee of up to $1,500 per brand. This fee is non-refundable.Get written approval from the manufacturer to sell Amazon brand gated products.Send three purchase invoices for products from the manufacturer or distributor. The invoices must be from within the last 90 days.Oct 5, 2020

How do I get my brand restricted on Amazon?

You need to contact Seller Support and ask for your brand to be gated. It can take 8 or more weeks to get approval, and there is no guarantee that Amazon will agree to your request or that they will gate all of your brand's ASINs.Jul 16, 2020

What is Amazon brand gating?

Amazon brand gating, sometimes called Amazon Brand Gating, is an Amazon Brand Registry program that helps your business prevent unauthorized resellers from selling your product or a knock-off version that uses your brand's name on Amazon.Aug 12, 2021

How do I know if a brand is gated on Amazon?

After logging in, you can look for the products you have requested to be gated and click on the “Sell On Amazon” or “Sell yours” buttons. If the product is gated by Amazon, it would give a warning message, “You need the approval to list in this brand.”Jul 23, 2020

Can I list my brand on Amazon without trademark?

Yes, you can sell on Amazon without joining the brand registry. However, it does come with a few risks. The most common is having your listings hijacked by the competition selling counterfeit or knock-off products. Another common problem is low-cost manufacturers selling a similar product at a reduced price.Jun 27, 2021

How do I delete a brand from my Amazon brand registry?

0:341:46How to Unenroll a Brand from Amazon Brand Registry 2022 - YouTubeYouTubeStart of suggested clipEnd of suggested clipBecause it's the only way to change the brand. Name of a brand registered brand product and switchMoreBecause it's the only way to change the brand. Name of a brand registered brand product and switch it over to a new brand.

What brands does Amazon not sell?

Birkenstock. Facebook/Birkenstock. While Birkenstock used to sell on Amazon, the brand stopped at the end of 2016. ... LVMH brands. Wikimedia Commons. ... Rolex. Getty/Astrid Stawiarz. ... Vans. Pablo Cuadra/Getty Images. ... Barbour. Barbour. ... Patagonia. Patagonia. ... Asics. Asics. ... The North Face. The North Face Facebook.More items...•Dec 15, 2017

How do you gate a brand?

How to Get Your Brand Gated as a Brand OwnerRegister Your Trademark. You can't take advantage of the Amazon Brand Gating program if you're not the official trademark owner. ... Join Amazon Brand Registry. ... Provide the ASINs of the Products You Want to Gate. ... Explain Your Anti-Counterfeit Efforts. ... Provide Your Amazon Seller ID.Aug 25, 2020

What is gated category?

A gated category is a category that has required Amazon's approval for sale. Amazon might require performance checks, additional fees, and other qualification for certain products and categories. The categories are gated to protect both customers and sellers.

Is beauty category gated on Amazon?

For a while, these 3 categories (Grocery, Health & Personal Care, and Beauty) were completely gated to new sellers on Amazon (established sellers were grandfathered in). The good news is, these categories are no longer technically gated on Amazon, so you don't need special permission to sell in them.

Are toys gated on Amazon?

To check for a brand gating and if able to sell toys, you can simply try and add the product you are trying to list in your Amazon seller account. There will be an indication that the product is gated as it tells you you need approval to list it in a 'New' condition.Dec 24, 2021

How to gate your brand on Amazon

Interested in becoming one of the Amazon gated brands? Let’s take a look at what it takes:

How to check if your listings are gated

You’ve gone through the application process and have been approved by Amazon. How do you confirm if your listings have indeed been gated?

How to increase your chances of getting approved

Since your rating plays a part in the approval process, make sure that your brand is positioned to earn high ratings and impressive sales. Here are a few measures you can undertake:

Key takeaway

Combating counterfeit and unauthorized selling is a tough and arduous journey for any platform. Amazon has responded by providing a convenient way for original manufacturers to regain control over their products.

Is Amazon a Brand-Friendly Marketplace?

Amazon is aware that the rising number of counterfeit goods is not only affecting shoppers but brands as well. The retail giant’s problem has ballooned over the last few years, causing brands to lose a significant amount of profit.

What is Amazon Brand Gating and How Can It Affect Brands and Third Party Sellers?

Amazon Brand Gating is a policy that restricts third-party sellers from selling certain brands. It was rolled out on August 30, 2016. This policy requires sellers to secure approval from both Amazon and the brand before they can sell their products.

How to Get Your Brand Gated as a Brand Owner

You can’t take advantage of the Amazon Brand Gating program if you’re not the official trademark owner. This is why you should first register your trademark (brand name and logo) with the United States Patent and Trademark Office.

Amazon Gated Brands: What Resellers Can Do to Minimize Losses and Selling Expenses

If you’re reselling big name brands on Amazon, here are a few things that you can do to minimize the negative effects of Amazon Brand Gating:

Why is brand gating important?

Amazon offers brand gating to manufacturers and authorized resellers to retain the control over their brands and labels. Brand ga ting is a process in which third-party sellers wishing to sell a branded product need to apply and fulfil certain criteria set up by Amazon.

How to register a brand on Amazon?

By following a few simple steps, you can protect your brand on Amazon: 1 Register your brand as a trademark in the country where you wish to sell. 2 Enroll in the Amazon brand registry. 3 Contact Amazon and deliver a list of your most important and/or most counterfeited ASINs (Amazon Standard Identification Number) to Amazon 4 Let Amazon know of resellers you authorized to sell your brand

Why did Birkenstock stop selling on Amazon?

The history of brand gating goes back to 2016 when the shoe producer Birkenstock quit selling through Amazon exactly because of the rising concerns about the spread of counterfeit selling in the US marketplace. However, reselling is essential to Amazon’s success. In Q1 2019, Amazon stated that third-party selling is growing faster ...

How long does it take to get an IP lawyer to protect your brand?

To speed up the process, which normally takes up to five weeks from start to finish, give Amazon a list of ASINs that are your most important assets.

Does Amazon require a trademark?

Amazon requires either a text-based mark or an image-based mark with words, letters, or numbers. Note that registering trademarks typically incurs fees. Now that you have your trademark registered, get started with Amazon Brand Registry.

Does Amazon brand gate all your ASINs?

Amazon will ultimately brand gate all your ASINs, but if you need to take immediate action, providing them with a priority list is a good idea. It can also help to document your previous struggle with counterfeits. Present Amazon with a list of authorized third parties.

Can Amazon ask you to provide recent invoices?

be checked on your past performance. have to fulfil certain qualification requirements. pay fees. For instance, Amazon can ask you to provide recent invoices for purchases from manufactures or letters stating their consent to reselling their branded products.

How long does it take to get a brand gator from Amazon?

Follow up promptly to make sure that the process proceeds, and does so as quickly as possible. The entire process generally takes between 5-10 weeks.

How to protect your Amazon brand?

The first step to protecting any brand is to get a federal trademark. This will allow you to get onto the Amazon Brand Registry as well as allow you to prevent third parties from selling goods under your trademark in U.S. commerce, whether on Amazon, or through any other medium.

Can I use Amazon brand gating?

Although this is a necessary step to use Amazon Brand Gating, it does not prevent third parties from selling under your brand in of itself. It does, however, allow you to use Amazon Brand Gating.

What is Brand Gating on Amazon?

Counterfeiting on Amazon is an issue that may cause a lot of harm to sellers. They can undercut your prices, skim revenue, and harm your reputation.

Why is Brand Gating on Amazon Important?

Brand gating is single-handedly the most effective way to protect your listings from hijackers.

How Do I Set Up Brand Gating on Amazon?

Amazon brand gating is an automatic feature for large vendors, such as Nike.

Additional Tools to Gate Your Brand

Amazon Brand Registry comes with many benefits for enrolled merchants.

Final Thoughts

Brand Gating on Amazon is, hands down, the most secure barrier against counterfeits.

What is brand gating on Amazon?

Brand Gating Amazon is the way in which Amazon blocks unauthorized sellers from selling brand name products. A seller needs to verify that they have been authorized by the manufacturer to sell these products. If a third-party seller wants to sell Birkenstocks on Amazon, the seller needs to showcase they are authorized to do so by Birkenstock.

How to become an authorized third party seller on Amazon?

To become an authorized third-party seller you will need to request the approval first, which can be done through Amazon Seller Central.

What is Amazon gated?

Amazon Gated Categories & Products. Amazon Gated includes a variety of brands, categories, subcategories, & products, and some ASINs are restricted as well. According to Amazon’s Seller Central, there are a few categories that require approval to sell, but within those categories, there are massive amounts of items which can then be sold.

Why did Birkenstock stop selling to Amazon?

The issue came to a turning point in 2016 when Birkenstock decided it would stop selling directly to Amazon because of the many counterfeit versions being sold of their shoes. Over the course of the next few years, Amazon attempted to fix this problem. The solution that they created was called gating, or as it’s better known as Brand Gating.

How long do you have to provide documentation for Amazon?

This documentation can be your wholesale invoices (ideally from the last 90 days), monetary fees, a letter from the manufacturer that states approval for you to sell on Amazon’s platform, or of course other forms of documentation.

Does Amazon have a gated list?

Amazon does not have a list of every single category, subcategory and ASIN that is gated. The way to find the restricted items is by simply trying to sell it and Amazon will show you if it is restricted to your seller account or not. There are also products that require approval that are not within specific categories.

Does Amazon have a list of every category?

Also some subcategories within Beauty and Health. There are instances when you could be approved for a category but then not have approval for certain subcategories. Amazon does not have a list of every single category, subcategory and ASIN that is gated.

Why Amazon Got Serious About Brand Gating

Before we begin to tackle the specifics of brand gating from a retailer’s perspective, it helps to consider what’s been happening from the brand’s point of view.

The Impact Brand Gating Has on Retailers

Amazon has always strived to make its marketplace convenient, vast and serviceable. Its commitment to these principles has helped it grow tremendously in the last decade.

What It All Boils Down To

If you’re selling third-party on Amazon, at some point you may be notified that you lack authorization to sell a specific brand and need to obtain certain approvals moving forward. This notification may appear in your Amazon Seller Central account or, if you’re the using ChannelAdvisor, in your Amazon dashboard within the platform.