Amazon Brand Gating: Protecting Your Brand from Counterfeiters

As a growing Amazon private label seller, one of the greatest threats to your success is counterfeiters or hijackers exploiting your brand. Once this happens, removing counterfeit sellers can be incredibly challenging, and the damage caused by negative reviews can linger, tarnishing your brand reputation.

Fortunately, Amazon offers Amazon Brand Gating, a powerful tool that allows brand owners to control who can sell their products on the platform. For instance, brands like Nike require third-party sellers to submit a “Selling Application” and receive authorization before listing their products.

While third-party sellers might still list items as “Used – Like New,” they’ll never win the Buy Box. Importantly, you don’t need to be a massive brand like Nike to benefit from this protection. Here’s how you can secure your brand with Amazon Brand Gating.

1. Trademark Your Brand with the USPTO

The foundation of brand protection begins with a federal trademark. A trademark allows you to:

  • Join the Amazon Brand Registry
  • Prevent unauthorized parties from selling goods under your brand name in U.S. commerce

This protection extends beyond Amazon, ensuring your brand remains secure across all sales channels.

2. Enroll in the Amazon Brand Registry

Joining the Amazon Brand Registry is a crucial step for Brand Gating. While enrollment alone won’t prevent third parties from selling under your brand, it gives you access to tools like Brand Gating and strengthens your ability to fight counterfeiting and hijacking.

3. Submit a Gating Request to Amazon

Amazon doesn’t currently provide an automated interface for Brand Gating. To initiate the process, you’ll need to contact Amazon with the following:

  • A list of ASINs to be gated
  • Proof of your trademark registration
  • Evidence of your Amazon Brand Registry membership or Seller ID
  • Any documentation of counterfeit or hijacking attempts on your ASINs
  • Details of steps you’ve taken to protect your brand

    4. Respond Promptly to Amazon’s Requests

    Amazon may request additional information during the Brand Gating process. To ensure your request proceeds quickly, respond promptly to their inquiries. Typically, the entire process takes between 5 to 10 weeks.

    5. Regularly Monitor Your Progress

    After submitting your request, check on the status of your ASINs regularly. Amazon should notify you when Brand Gating is complete, but you can also follow up as needed. As an extra precaution, consider creating a secondary seller account to attempt listing one of your ASINs and verify that the Gating is effective.

    6. Enjoy the Benefits of Brand Gating

    Once your ASINs are gated, your brand will have a strong deterrent against counterfeiters and hijackers. While Amazon’s approval isn’t guaranteed—they ultimately decide whether to gate a brand—successfully completing this process provides robust protection for your products.

    Need Assistance with Amazon Brand Gating?

    The Amazon Brand Gating process can be complex, but you don’t have to navigate it alone. Our experienced attorneys at Leonov Trademark Law are here to help. Contact us today for expert guidance and a free quote tailored to your needs.

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