Registration Guides
Reviewed by MoxMark IP Operations
Guidance is checked against official filing sources and the practical trademark workflows MoxMark handles for e-commerce brands.
Official references
Trademark enforcement against counterfeit sellers is an ongoing operational responsibility for any brand owner with a registered mark and visible market presence. As of 2026, counterfeit product listings, unauthorized brand use, and copycat sellers appear across every major e-commerce platform and marketplace. Registration alone does not remove infringing listings—enforcement requires a structured response process that matches the mechanism to the type of infringement and the platform involved.
Key Takeaways
Trademark enforcement is the process of identifying and stopping unauthorized uses of a registered mark that are likely to cause consumer confusion or damage the brand's reputation and commercial value. For online sellers, the most common infringement scenarios include counterfeit products listed under the brand name, unauthorized sellers using the brand mark in their listings or storefronts, identical or nearly identical brand names used by competitors in the same product category, and product images or packaging that replicate a registered trade dress.
Enforcement is not a single action—it is a layered process that begins with detection, moves through platform-based remedies, and escalates to legal mechanisms when initial steps fail. The registered trademark is the necessary credential at every stage. Without registration, most marketplace complaint tools, customs enforcement programs, and court-based remedies are either unavailable or significantly weakened.
Trademark monitoring is the detection layer that makes enforcement possible—you cannot respond to infringement you have not identified. A monitoring program that covers official trademark databases and marketplace listings ensures that enforcement response is timely rather than reactive months after the damage has occurred.
Identifying infringement on online marketplaces involves monitoring multiple channels simultaneously. The most common forms of infringement a brand owner will encounter fall into distinct categories that require different enforcement approaches.
Counterfeit product listings involve sellers listing products that replicate the brand's name, logo, or packaging without authorization and selling products that are not genuine. The infringing listing may appear on the same product detail page as authentic inventory or as a separate listing with the brand name in the title.
Unauthorized brand use in listings involves sellers who are selling authentic or near-authentic products but using the brand name in ways that violate the brand owner's trademark rights—for example, using the brand name as a keyword in their storefront or in listing content in a way that implies official brand affiliation that does not exist.
Similar brand name infringement involves competitors using a mark that is similar to the registered mark in the same product category, causing consumer confusion at the search results level rather than on a specific product page.
Each category has different evidence requirements and different optimal response channels. Documenting the infringement thoroughly—screenshots of the listing with timestamps, URLs, the ASIN or product identifier, and the infringing mark as displayed—before taking action creates the evidentiary foundation for all subsequent steps.
For sellers with Amazon Brand Registry access, Amazon's Report a Violation (RAV) tool is the primary first-response mechanism for trademark infringement on the Amazon platform. The tool allows brand owners to submit infringement reports directly to Amazon, specifying the type of IP right infringed (trademark, copyright, or patent), the registration details of the right, and the specific listings or sellers that are infringing.
Amazon reviews reported violations and, when sufficient evidence of infringement is provided, can remove the infringing listing, suppress the infringing content, or take action against the seller account. Response times and outcomes vary depending on the clarity of the infringement, the quality of the evidence submitted, and the volume of reports Amazon is processing.
For brand owners without Brand Registry access, Amazon's generic IP infringement complaint form is available but provides fewer tools and less direct interaction with Amazon's enforcement team. This is one of the most practical reasons to maintain trademark registration status and active Brand Registry enrollment.
A cease and desist letter is a formal written communication from the trademark owner (or their attorney) to an infringing party demanding that the infringement stop within a defined timeframe. It is typically the first step in off-platform enforcement and the first formal step before legal action is initiated.
A well-constructed cease and desist letter identifies the trademark registration details (registration number, IP office, date of registration), describes the infringing activity specifically, explains why the activity constitutes infringement under the applicable trademark law, states a clear deadline for compliance, and identifies the consequences of non-compliance including potential legal action.
Cease and desist letters sent to marketplace sellers can be delivered to the seller's registered business address (if ascertainable) or through the marketplace's messaging system. On Amazon, cease and desist communication through the buyer-seller messaging system is technically possible but carries restrictions on commercial solicitation content—legal notices should be structured accordingly.
The response to a cease and desist varies. Some infringers comply immediately. Some negotiate. Some ignore the letter entirely, which then establishes a documented timeline for any subsequent legal proceedings. Retaining a copy of the letter and any response as part of the enforcement record is standard practice.
Customs recordation is one of the most powerful and underutilized enforcement tools available to registered trademark holders. By recording a trademark registration with the relevant customs authority, brand owners authorize customs officers to identify and detain shipments of goods bearing infringing marks at the border, before the goods enter commerce.
In the United States, trademark recordation is done with US Customs and Border Protection (CBP) through the e-Recordation program. CBP officers are then authorized to seize or detain shipments of counterfeit goods bearing the recorded mark. The recordation is valid for the life of the trademark registration and renewable indefinitely.
In the European Union, customs recordation is administered under the EU Customs Regulation. Brand owners file an Application for Action (AFA) with the national customs authority of an EU member state, and approval provides coverage across all EU member states simultaneously under the centralized customs enforcement framework.
In China, customs recordation with the General Administration of Customs of China (GACC) authorizes Chinese customs authorities to detain suspected counterfeit goods at the point of export—a particularly significant mechanism given that a large proportion of counterfeit goods globally originates in China. Effective China customs enforcement requires a CNIPA trademark registration as the underlying credential.
Sellers who have established trademark registrations in multiple markets and are dealing with counterfeit products being shipped from China to Western markets should consider recordation in both China (to intercept at export) and in the destination market (to intercept at import) for layered border protection.
When marketplace complaints and cease and desist communications do not resolve the infringement, or when the infringement is causing significant commercial harm that warrants more forceful action, legal proceedings become the appropriate next step. Legal action in trademark infringement cases may be pursued in civil courts and, in cases of deliberate counterfeiting, may also involve criminal enforcement pathways.
Civil trademark infringement litigation can result in injunctive relief (a court order requiring the infringer to stop), monetary damages (including the infringer's profits and the rights holder's lost profits), and in cases of willful infringement, enhanced damages and attorney's fees. The strength of the case depends heavily on the quality of the registered trademark, the clarity of the infringement evidence, and the documentation of economic harm.
Before committing to litigation, the cost-benefit analysis must account for the jurisdiction where proceedings will be brought, the identifiability and assets of the infringing party, the likely timeline to resolution, and the enforcement record established through prior cease and desist steps. In cases where the infringing party is a small seller with limited assets, litigation costs may exceed recoverable damages.
Alternative dispute resolution mechanisms, including WIPO's domain name dispute process for trademark-based domain conflicts, provide faster and lower-cost resolution pathways for specific categories of infringement.
Consistent enforcement over time—documenting every instance of infringement, every cease and desist sent, every platform complaint filed, and every response received—serves multiple strategic purposes. It demonstrates to potential litigants that the trademark owner actively protects their mark, which strengthens the legal standing of any future enforcement action. It also creates evidentiary records that are useful in customs recordation applications, platform escalations, and court proceedings.
An enforcement record also signals to marketplace platforms that the brand owner is an active participant in their IP protection programs. Amazon, for example, tracks brand owner participation in Brand Registry and Report a Violation, and brands with active enforcement histories have access to more responsive support channels.
Connecting the enforcement layer to a trademark monitoring program ensures that new infringements are identified promptly rather than accumulating undetected.
MoxMark's brand protection services cover the registration and monitoring infrastructure that enforcement depends on, with transparent pricing across jurisdictions.
Q: Do I need a registered trademark to file an infringement complaint on Amazon?
A: Amazon Brand Registry requires a registered trademark or a pending application from an accepted IP office. Without Brand Registry access, sellers can still submit complaints through Amazon's general IP complaint form, but the tools available and the responsiveness of Amazon's enforcement team are significantly more limited than those available to Brand Registry members.
Q: How long does it take Amazon to respond to a Report a Violation submission?
A: Amazon's response time varies depending on the type and clarity of the reported infringement and the current volume of reports being processed. Straightforward trademark infringement reports with clear registration details and specific infringing ASINs are typically reviewed within a few business days. Complex or ambiguous reports may take longer or require additional information.
Q: Is a cease and desist letter legally required before filing a lawsuit?
A: A cease and desist letter is not a legal prerequisite for filing a trademark infringement lawsuit in most jurisdictions. However, sending one before filing creates a documented record of the rights holder's efforts to resolve the infringement without litigation, which courts may view favorably. It also gives the infringing party an opportunity to comply without the expense of court proceedings.
Q: Can customs stop counterfeit goods without a customs recordation?
A: Customs authorities can seize clearly counterfeit goods under their general anti-counterfeiting authority even without a specific recordation on file. However, a customs recordation significantly increases the likelihood of detection and seizure by giving customs officers a specific mark to look for, the details of the registered rights, and authorization to act on suspect shipments. Recordation is strongly advisable for brands dealing with ongoing counterfeiting problems.
Q: What is the difference between a counterfeit product and a grey market product?
A: A counterfeit product bears a registered trademark without the rights holder's authorization and is typically not genuine. A grey market product is a genuine product manufactured by or for the brand owner but sold outside the brand owner's authorized distribution channels. Grey market products may or may not infringe the trademark depending on the jurisdiction and the exhaustion of rights doctrine applicable in that market. The two require different legal approaches.
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