Check for IP or other legal concerns
Intellectual Property (IP) Rules for Selling on Amazon
Selling products on Amazon means you're creating a real business, and there are boxes to check and rules to follow, particularly when it comes to intellectual property (IP). Amazon cracks down on "black hat" behavior such as counterfeit products and trademark infringement, so make sure you find products that you have the right to produce and sell.
1. Patents
You cannot sell something that is patented because it means someone else owns the rights to the design, the way it functions, or another fundamental quality of it.
How do you know if there is a patent? Hiring a lawyer is one way to learn for certain whether a product has a patent, but here are some other steps you can take on your own:
Google "patent" + [your product idea].
Check listings on Amazon for that product and see if they mention anything regarding a patent.
Check if there are many other people selling a similar product. If there are, it's unlikely the product is patented because patent holders typically enforce their patents.
2. Trademarks
A trademark is any symbol, word, or group of words that a company legally registers or establishes use of to present their brand or product. You can't put another company's trademark on your product. For example, if you are selling a private label shoe, you cannot use the name "Nike" or Nike's logo.
Before settling on a brand name, logo, or slogan for your Amazon business or a particular product, you should conduct a trademark check with the United States Patent and Trademark Office (USPTO).
3. Other Restrictions and Liabilities
Research whether Amazon has any restrictions or necessary certifications you need to have for a product or product category. For example, there are certain subcategories within Toys & Games in which you need a Children's Product Certificate (CPC) to sell.
Also consider if someone could easily get hurt or sick using your product. Avoid products with greater chance of liabilities such as electronics, products for the body (cosmetics, lotions, and dietary supplements), and other obviously dangerous products (like those that are flammable or sharp).
Disclaimer: We are not lawyers, so be sure to seek legal counsel for any specific questions or concerns you may have.
Jungle Scout Tip
Simply go into Seller Central and create the product listing. As you select through to the subcategory level, Amazon will tell you if the product is restricted.
Consider Ease and Practicality of Sourcing
Especially for your first product, you want to find something that is going to be rather simple to produce and ship. Keep these variables in mind when narrowing down your product ideas:
Sourcing: Look for a product that will require simple changes - this means you'll have fewer details to work out with a supplier and will have more supplier options to choose from.
Shipping: Smaller, lighter products are easier to ship, and you want sturdy material to survive the shipping process. You don't want a product that is easily broken.
Importing: Unless you're producing and selling a product in the same country (not very common for FBA sellers today), you'll need to import products to the appropriate marketplace. Every country has certain regulations on what you can and can't import. You can work with a freight forwarder (for free) for information regarding importing your products (more on this below).
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