illegal IP Complaint
Hello
We are selling an unbranded product on a list. A product listed under the X brand without a brand on it.
A trademark application has been filed in Canada by the listing owner for the X brand but it has not been approved yet. Also, the main problem is that even if it is approved, the trademark application class does not match the product I am selling.
My product is a marine product, the trademark application class includes electronic products. So it does not cover the product I am selling.
I received an IP complaint and it was reported as counterfeit.
(Counterfeit without a test buy)
Amazon should not normally take this into consideration, but I think the complaint request was approved without reviewing it.
Because it was a legally unfair request. I sent my manufacturer's invoice and wrote a pdf file explaining the situation. Because we cannot write the sub-sales in the description when adding an invoice like before.
However, my invoice and description were rejected. Do you think I missed something or should I continue to insist? Because it is not legal, the trademark class does not match and it is still in the trademark approval process. In any case, it seems I am right. I also have a lot of stock.
The trademark applicant seems to be abusing the infringement notification. In such cases, when we can explain that we are right, I know that the other party goes as far as canceling the brand registry panel by Amazon.
illegal IP Complaint
Hello
We are selling an unbranded product on a list. A product listed under the X brand without a brand on it.
A trademark application has been filed in Canada by the listing owner for the X brand but it has not been approved yet. Also, the main problem is that even if it is approved, the trademark application class does not match the product I am selling.
My product is a marine product, the trademark application class includes electronic products. So it does not cover the product I am selling.
I received an IP complaint and it was reported as counterfeit.
(Counterfeit without a test buy)
Amazon should not normally take this into consideration, but I think the complaint request was approved without reviewing it.
Because it was a legally unfair request. I sent my manufacturer's invoice and wrote a pdf file explaining the situation. Because we cannot write the sub-sales in the description when adding an invoice like before.
However, my invoice and description were rejected. Do you think I missed something or should I continue to insist? Because it is not legal, the trademark class does not match and it is still in the trademark approval process. In any case, it seems I am right. I also have a lot of stock.
The trademark applicant seems to be abusing the infringement notification. In such cases, when we can explain that we are right, I know that the other party goes as far as canceling the brand registry panel by Amazon.
17 replies
Seller_NVQ2fbHqtgqia
I am having a similar issue, legit invoice, legit items, a detailed description, getting nowhere.
Seller_Yk6ADmsW5OXfx
I think an Amazon employee will guide me more correctly. How should I explain this abuse to the performance team?
April_Amazon
Hello @Seller_Yk6ADmsW5OXfx,
Thanks for using the Forums to get in touch with us. I can understand your frustration and confusion concerning this type of IP complaint. I would really like to investigate this with you.
For now I will try and provide some general guidance. For greater detail concerning your specific situation, please provide an ASIN, Case ID or Performance Notification. With that information and the help from an internal team, I am able to research in greater detail.
What I can tell you is Amazon will protect a Trademark in the Pending status. Please review: Add additional trademarks to your brand - this in part says:
Accepted trademark statuses for additional trademarks
- To add additional trademarks to your account, your brand must have an active registered trademark or pending trademark with the same mark name.
If there's a discrepancy between the trademark and your product, I can assist with this issue. Please share the ASIN number so I can investigate further.
General guidance: Intellectual Property Policy for Sellers - FAQ about Trademarks
I look forward to your response. Thank you for reaching out on the Forums.
April
