Can I Use A Business Name If It Is Not Trademarked And Not Registered?

Important: If you supply products for sale on Amazon, you must comply with all federal, provincial, and local laws and Amazon policies applicable to those products and product listings.

Amazon is dedicated to providing customers with the widest selection of goods on Earth and to creating an astonishing customer experience. Amazon does not allow listings that violate the intellectual holding rights of brands or other rights owners.

This page provides information about intellectual property (IP) rights and common IP concerns that might arise when selling on Amazon. This is not legal communication. You should consult a lawyer if you have a specific question virtually your IP rights or the IP rights of others.

Copyright

What is a copyright?
A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, and so on. More often than not, copyright law is meant to incentivise the creation of original works of authorship for the benefit of the public. To receive copyright protection, a piece of work of authorship must be created by an author, and must have some amount of creativity. If you are the author of an original piece of work, then you typically own the copyright to that work.
How do I know if I own the copyright to one or more of the images that I am using on the product detail page?
A person who authors an original work usually owns the copyright to that work. If y'all have a photo of your product, you more often than not have copyright protection in the photo that y'all took, and you can utilise that photograph on your product detail page to sell that product. Withal, if you observe a photo on someone else's website, y'all should not upload that photograph to a production detail page without the other person's permission.

Case: The owner of the Pinzon brand took the photos of the sheets shown below and owns the copyright in the images of the sheets. If a seller were to re-create these images to sell their product on some other product particular page, that seller could be violating the rights owner'south copyright in the images of the sheets.

Note: When you lot add together your copyrighted paradigm to a product detail page, you lot grant Amazon and its affiliates a licence to use the material. Other sellers can list their items for sale on pages to which you have added your copyrighted images, fifty-fifty if you no longer sell that product. To ensure that you are not violating someone's copyrights, make sure that you only upload images or text that y'all have created yourself or for which you accept the copyright holder's permission to upload.

Refer to the Canadian Intellectual Holding Office's copyright website for more information about copyright basics and FAQs.
How do I know if I own the copyright to the production that I am selling?
It is important to make sure that the goods that you are selling do not violate a copyright or you could lose your selling privileges and confront potential legal consequences.

Yous might be able to sell someone else's copyrighted work on Amazon if you have received permission from the copyright owner. You are also generally permitted to resell a genuine, lawfully purchased physical item (such as a book or CD) without permission from the copyright owner.

Example: If y'all decide to sell a used copy of someone else's book on Amazon, you are selling someone else'south copyrighted work. You are usually immune to sell your particular copy of the book without further permission from the copyright owner because Canadian police more often than not permits the resale of genuine, lawfully purchased items.

Trademark

What is a trademark?
A trademark is a word, symbol, or pattern, or a combination of these (such as a brand name or logo) that a company uses to identify its goods or services, and to distinguish them from other companies' goods and services. In other words, a trademark indicates the source of goods or services. Generally, trademark laws be to prevent customer confusion about the source of appurtenances or services.

Example: "Amazon" is a trademark that we use for many of our goods and services. Other Amazon trademarks incorporate both pictures and words, such equally the "Available at Amazon" trademark.

A trademark possessor unremarkably protects a trademark past registering information technology with a land-specific trademark part (such as the Canadian Intellectual Property Function). In some cases, a person or visitor might accept trademark rights that are only based on the use of a mark in commerce, even though the mark was never registered with a country-specific trademark office. Those rights are known as "common police" trademark rights and can be more express.
What do trademarks protect?
Generally, trademark law protects sellers of goods and services from customer confusion about who provides, endorses, or is affiliated with particular goods or services. A trademark owner might exist able to terminate others from using a particular mark, or a confusingly like mark, if using the marker is likely to crusade a client to exist dislocated well-nigh whether the production being sold is the trademark owner'due south product.
What types of trademarks are displayed on Amazon?
Trademarks are oft displayed on Amazon's product detail pages in the form of product and brand names listed on a product detail page. For example, the trademark "Pinzon" appears in the make name or "byline" portion of the product particular folio shown beneath. The "Pinzon" trademark besides appears in the product proper noun portion of the production item folio ("Pinzon Flannel Sheet Fix – King, Sage").

Refer to the Canadian Intellectual Property Office'due south trademark website for more information nearly trademark basics and FAQs.
Practice I e'er need the rights owner's permission to use a trademark in the creation of a product particular page?
Merely because you are not the owner of a trademark, does not necessarily mean that you lot cannot sell another company's production. Normally, the unauthorized use of a trademark in the creation of a product detail page is only infringing if it is likely to cause confusion as to the source, endorsement, or affiliation of the appurtenances.

Example: If you lot are selling a genuine Pinzon sheet ready and you are advertisement the product as a Pinzon sheet set, you might non be causing defoliation equally to the source or amalgamation of the goods (in other words, Pinzon) and, if not, are not infringing on the Pinzon trademark.
Every bit a seller, when tin I utilise someone else's trademark in the cosmos of a production item page?
Typically, a seller tin can use someone else's trademark in the following circumstances:
1. When selling authentic goods, a seller may utilize a trademarked name to list those goods. For example, a seller who lists an authentic "Pinzon" production is not necessarily infringing on the possessor of the Pinzon trademark because the seller is using the trademark to identify an authentic production.
2. When using a trademarked word in its ordinary dictionary significant.
3. When making true statements that a product is compatible with a trademarked product. For case, if you offering a cable that is compatible with the Kindle east-reader, y'all tin can use the brand name "Kindle" to indicate that compatibility in the text of your product particular page. You cannot use a logo to indicate compatibility, simply the make name. Whatsoever statement you make about compatibility must be truthful.
  If yous want to signal the compatibility of your product with a product of a different brand in the production title, delight build your production title as follows, too taking account of the Amazon Brand Name Policy. If you practise not apply this format to your product title, your listing may be removed as potentially trademark infringing.
Title format for branded compatible products

[Your product'southward brand proper name] + [Product proper noun] + "for"/"compatible with"/"fits"/"intended for" + [Make of main product] + [Main product Name] + (other product title elements, if applicable)

Examples:
- Xandu USB charging cablevision, compatible with AmazonBasics speaker
- TonTon sleeve intended for Kindle Burn down
Title format for generic uniform products

"Generic" + [Product proper name] + "for"/"compatible with"/"fits"/"intended for" + [Brand of principal product] + [Main product proper name] + (other product title elements, if applicable)

Instance:

Generic replacement filter for AmazonBasics Waterfilter A3

How tin I make certain that I am not violating trademark law when selling on Amazon?

It is important to make sure that the goods that yous are selling, and the content of your listings, exercise not violate a trademark or y'all could lose your selling privileges and face potential legal consequences. When you decide to sell goods on Amazon, inquire yourself the following questions:

Are the appurtenances I am selling from a reputable distributor?
How did I learn these appurtenances, and volition I be able to testify that they are authentic if the question arises?
Volition the style that I am describing these goods cause customer confusion (for instance, would something virtually your production item page for the generic sheet set crusade customers to believe that they are purchasing a Pinzon sheet set)?
Did I utilise a brand name or trademark in a not-confusing and truthful mode to depict compatibility (generally allowed) instead of similarity (non allowed)?

The table beneath shows examples of correctly and incorrectly branded listings under Amazon listing policy:

Listing title	Brand	Status of listing
AmazonBasics Speaker	(blank)	Inactive list due to wrong Brand field. Considering the Brand attribute is blank (not "AmazonBasics"), the list title cannot imply that the product is an AmazonBasics product.
AmazonBasics Speaker	AmazonBasics	Active listing, with right Make field employ and acceptable championship.
Six foot USB charging cablevision, compatible with AmazonBasics speaker	(blank)	Agile listing, with adequate championship and Brand field utilize, IF the charging cable is uniform with AmazonBasics speakers. Title indicates compatibility without implying that this is an AmazonBasics branded product; Brand field may be blank for generic product.
Wireless speakers with six-foot USB charging cable, compatible with AmazonBasics speaker	Wireless Speakers Inc.	Active listing, with right Brand field use and acceptable title, IF the charging cable is uniform with AmazonBasics speakers.

If you are not certain, you should consult a lawyer.

What is counterfeiting?
Counterfeiting is a specific blazon of trademark infringement. A counterfeit is an unlawful total or partial reproduction of a registered trademark, or a marking that is very like to a registered trademark, in connection with the sale of a product that does non come from the trademark holder.

Counterfeiting requires the use of a registered trademark on the product or packaging. A lookalike item sold on a separate product detail page without the improper utilize of a registered trademark is not a counterfeit, even though the item might look similar or identical to the trademarked production.

Patent

What is a patent?
A patent is a form of legal protection for inventions. An issued patent grants its owner the right to exclude others from making, using, offering to sell, selling, or importing the invention into Canada for a fixed number of years.
Are there different types of patents?
In that location is just 1 type of patent in Canada, which may be granted for a new car, product, composition of matter, process, or improvement to any of those, and it generally protects the structure and functions of a product rather than how it looks. This is similar to a Utility patent in the United States.

Canada does not have Design patents, which may be granted in the Us to protect the unique look of a product, merely do not embrace the structure or functions of a production. Still, a similar type of protection may be provided by registering an industrial design in Canada.
What is the difference between a patent, trademark, and a copyright?
A patent is different from a trademark in that information technology protects an invention (such as a new machine), rather than a word or logo used to identify the source of the product (such as the brand name of the production). A patent is dissimilar from a copyright in that it does not protect the expressive content of a artistic work like a book or a picture, just protects a specific invention, such as a new method of printing books or a new type of camera.

Refer to the Canadian Intellectual Property Part's patent website for more information about patent basics and FAQs.
How can I brand sure that I do not violate someone's patent when selling on Amazon?
The manufacturer or distributor of a production might be able to assist you with patent-related bug. If you are unsure whether your content or product violates someone else's patent, you should consult a lawyer earlier listing on Amazon.

What to do if your business relationship receives a warning or interruption

What happens when I receive a warning that my listing is being removed due to a report of intellectual property rights infringement? What if I own the rights to the intellectual property?
If you receive a alarm for infringement, you volition have several options to appeal or dispute the merits:
1. If you receive a warning for a product you never listed on Amazon, reply to the notification you lot received and let us know that y'all have never listed the reported production. We will investigate to determine if an error occurred.
2. If you have an established relationship with the rights possessor who submitted the complaint (licence, manufacturing, or distribution agreement, and so on), we encourage you to reach out to the rights owner and request that the complaint be retracted. If we receive a retraction from the rights owner, your content may be reinstated. The rights owner's contact information is provided in the warning that y'all received.
3. Trademark Response: If yous believe that a rights owner, or Amazon, made an mistake when removing your product listing for counterfeiting or trademark infringement, reply to the notification that y'all received and provide specific reasons as to why you believe that a mistake was made. Provide any invoice or Order ID that demonstrates the actuality of the production. Nosotros will then re-evaluate the find and your content may be reinstated.
4. Patent Response: If you believe that a rights possessor, or Amazon, made an error when removing your product listing for patent infringement, answer to the notification that you lot received and provide specific reasons as to why you believe that a mistake was made.
5. Copyright Response: If y'all believe that a rights owner, or Amazon, made an error when removing your production listing for copyright infringement, reply to the notification that you received and provide specific reasons equally to why yous believe that a mistake was made. Provide any invoice or Lodge ID that demonstrates the authenticity and lawful buy of the product if you lot are reselling genuine concrete items (such as books), that may exist covered by copyright. We will so re-evaluate the discover and your content may be reinstated.
What do I exercise if I have received multiple warnings of intellectual property infringement?
If y'all have received multiple warnings of intellectual property infringement and y'all believe that you are selling authentic products, entreatment via your Seller Cardinal account with the following information:

A listing of the allegedly infringing ASINs and at to the lowest degree ane of the following:
1. Invoices proving the authenticity of your products; or
2. Social club IDs demonstrating product authenticity; or
3. An authorization letter from the rights owner (that is not a forwarded email)
What exercise I do if my account has been suspended?
If your business relationship has been suspended as a consequence of rights owners submitting notices of intellectual property infringement against your products or content, you can provide usa with a feasible Plan of Activeness that includes the following data:
1. The reasons why yous were selling allegedly infringing products or uploaded allegedly infringing content, or both
2. The steps that you have taken to ensure that you are no longer infringing
3. How y'all can avoid infringement in the time to come
4. Whatever other pertinent information
Yous should send your Plan of Action via your account dashboard or respond to the account suspension notification that you lot received. We volition evaluate your Plan of Activity and decide if your business relationship may be reinstated. Note that Amazon terminates the accounts of repeat infringers in appropriate circumstances.
What if I didn't know that I was violating someone's intellectual belongings?
Sellers are expected to follow the police and Amazon'south policies. Amazon takes claims of intellectual property infringement seriously. Even if a seller is infringing on someone's intellectual property without knowledge, we will still take action and the seller's account might receive a alert or be suspended. Y'all should consult an attorney for assistance to ensure that your business has the right procedures in place to preclude IP infringement.