Received a TM violation notice on my own TM
We own a TM in category 9 for electronics and its brand registered. Another seller also has same TM in Category 3 for automobile wax. They fled a complaint and we sent amazon our TM certificate, as well as authorization letter from our company identifying our seller account as authorized seller, explaining the situation but we got a response saying “We reviewed your appeal and determined that you have not submitted required documents or the documents submitted are invalid. You can find the contact information of the rights owner in the listing deactivation communication you have received”. It doesn’t make sense that we are brand registered on Amazon but still get this issue. Can anyone help pls?
Received a TM violation notice on my own TM
We own a TM in category 9 for electronics and its brand registered. Another seller also has same TM in Category 3 for automobile wax. They fled a complaint and we sent amazon our TM certificate, as well as authorization letter from our company identifying our seller account as authorized seller, explaining the situation but we got a response saying “We reviewed your appeal and determined that you have not submitted required documents or the documents submitted are invalid. You can find the contact information of the rights owner in the listing deactivation communication you have received”. It doesn’t make sense that we are brand registered on Amazon but still get this issue. Can anyone help pls?
0 replies
Dougal_Amazon
Hello @Seller_h3ePPwN8nQs7C,
My name is Dougal from the Community Manager Team and I would be happy to assist. My general advise is to follow the instructions in the "How do I address this issue," section of the performance notification and provide that documentation (If it asks for an LOA from the rights owner, provide documentation that you are in fact the rights owner). However, I see that you have already utilized the call me now button and that a second review of your appeal after that conversation is underway.
Please let us know how that goes or if you need further assistance.
In addition to the advice above, you can reach out to the email address of the reporting party and request that they retract their complaint.
Hope this helps at least a little.
Best, Dougal
Seller_14o3oVAXRYtJd
I'm sorry to learn that you're currently dealing with trademark issues. After reading your post, it appears that there might be multiple registrants for your trademark in different categories. If that's the case, here's a step-by-step guide to address the situation:
Investigate and Correct Category Placement:
Check the category of your product on Amazon.com.
Ensure your product is listed in the correct category.
If it's not, request Amazon to change the category.
Important Note: Ensure that your ASIN is not selling in the wrong category during this process, as a Plan of Action won't be effective if the product is still listed incorrectly.
Address the Violation with a Plan of Action (POA):
Start by explaining the root cause of the violation:
- Clearly state your trademark name and its registration details in the USPTO, including the registration number and the specific class (category), e.g., Class number for category.
-Emphasize your registration with the Amazon Brand Registry. (screenshots from the USPTO)
-Point out that the reporting company is registered with the same trademark name but under a different class (category).
-Clarify that copyright law allows different individuals to register the same trademark name under different classes (categories).
-Assert that your product is not in violation as it is sold under the correct class, of which you are the rights owner.
Attach documentation displaying your trademark registration number under the correct class and include a comparison with the other party's registration under a different class.
Clearly show the disparity in classes to demonstrate that, despite having similar names, you are in different categories.
I wish you luck.
Seller_dLxYHTa4QXRwM
Amazon brand registry algorithm is a joke we have 3 TM and how they set up is invalid.
Whoever created the algorithm for TM's has no idea how it works,
This should been done by and IP Lawyer and a Data Engineer together.
They don't know the nature of TM's are based on categories and name, not only name.
We had this issue in the past ours was clothing brand and other one was automobile. ( and I am sorry for you that you had to ask for help from Seller "nosupport" they only use generic copy paste responses , they have no idea about TMs
Seller_h3ePPwN8nQs7C
@Emet_Amazon @Dougal_Amazon @Jim_Amazon @Dawn_AMZ_456 @Sandy_Amazon can you please help?
Seller_fDa5EzwaItTdY
Sorry to hear this is happening to you, I had a similar issue with 67 ASINs that got deactivated because I was infringing on my own TM. I opened 67 cases for each one which was a mistake and realized that each response was copy and paste.
I finally called it in and got a knowledgeable support agent that wanted to help. I explained the situation to them and they agreed it was a mistake so he escalated to Brand Registry. He told me to upload any information/documents that can help expedite the process, so I did and made drawings that even a 5 year old could understand. We worked off of a single case and I provided every ASIN effected into this 'master' case so I don't have to respond to each and every single one.
Eventually each ASIN began to reactivate one by one and all the cases dropped off. So my advice would be to call them directly and work off of one case with all the information. Wishing you the best of luck!
Seller_4K7eqIN4GuF2E
Somehow I think you are confusing brand registry with a Trademark issued by the USPTO. But in the case that you do have a registered trademark you need to do the following:
Contact an attorney who specializes in Trademarks, Patents and Copyrights and have them write a letter to Amazon Legal supplying a copy of your trademark registration, documenting your attempt to resolve the matter through channels (including the b-s response you received) and demanding that it be corrected immediately and to take action to prevent this from occurring again. You will get action.
As for the"mods", as you can see by Dougal's response the mods are 100% worthless. They have ZERO authority or power to do anything except remove comments they do not like.
Seller_08TZq9sOIaGvv
Only with AZ do you have to create a letter of authorization to sell when YOU are the TM owner!
Seller_aUbEyzlSSnsDJ
Don't count on any help from the mod. This is lip service to get you to be quiet. Amazon is not your partner. It is obvious they will help the bad guy before you. I, we in the community are sorry but not surprised to see amazon not in control of Brand Registry.
