Need Help with Section 3 Appeal – Policy Violation for Trademark Infringement
Hi all,
I’m seeking feedback or guidance on my Section 3 appeal for trademark infringement. I've gotten many rejections from Amazon saying my root cause isn't clear and my preventive measure isn't good enough. I would greatly appreciate any advise. Thank you.
-- Greater detail on the root causes of the infringement.
• I performed a product title update across ASINs: (OMITTED) using a bulk upload file to improve search relevance. At the time, I had no trademark screening process or understanding of Amazon’s IP policy. I mistakenly believed the terms used were generic and did not verify them. I now understand that several of the terms were registered trademarks and that even indirect use in titles is prohibited. This error was due to my lack of education on trademark rules and Amazon’s policy requirements, and I take full responsibility for the oversight.
-- Greater details on the actions I have taken to resolve all outstanding infringement violations in the initial notice.
• Since the infringement occurred on the product detail pages, I do not have proof of non-infringement. This was a listing error that I have fully corrected. I removed all trademarked terms from the affected detail pages as outlined in Amazon’s Intellectual Property Policy. Afterward, I permanently deleted all 12 ASINs from my inventory. I also reviewed my entire catalog to ensure no similar violations remain and will continue to fully comply with Amazon’s intellectual property policies.
-- Greater detail on the steps I have taken to prevent future infringement.
• I studied Amazon’s Intellectual Property Policy and now follow a structured trademark verification process that aligns with USPTO and Brand Registry guidelines. For all listing content, I search the USPTO database and verify every term against active and pending trademarks. I confirm the spelling exactly as shown under “Mark,” and I review the “Mark Drawing Type” to determine if the trademark is a word mark or design mark. I avoid using any term listed as Live, Registered, or Pending without written authorization from the rights holder. For unclear cases, I consult a licensed U.S. trademark attorney through Amazon’s IP Accelerator if needed. I have already sought guidance from (OMITTED), a U.S.-licensed attorney from (OMITTED), to ensure proper understanding of trademark rules and compliance. I have reviewed my entire catalog using this method, and I now apply this process before publishing or updating any listing. I also monitor content and policy updates daily to ensure full, ongoing compliance.
-- Greater detail on how my account has complied with your policy
• I have permanently removed all previously infringing listings and confirmed there are no other violations in my inventory.
• I have thoroughly studied Amazon’s Intellectual Property Policy and implemented compliance measures to prevent future issues.
-- Greater detail on evidence or examples that demonstrate my account has complied with your policy
• All 12 infringing ASINs have been corrected and no longer appear in my Account Health Dashboard as policy violations.
Need Help with Section 3 Appeal – Policy Violation for Trademark Infringement
Hi all,
I’m seeking feedback or guidance on my Section 3 appeal for trademark infringement. I've gotten many rejections from Amazon saying my root cause isn't clear and my preventive measure isn't good enough. I would greatly appreciate any advise. Thank you.
-- Greater detail on the root causes of the infringement.
• I performed a product title update across ASINs: (OMITTED) using a bulk upload file to improve search relevance. At the time, I had no trademark screening process or understanding of Amazon’s IP policy. I mistakenly believed the terms used were generic and did not verify them. I now understand that several of the terms were registered trademarks and that even indirect use in titles is prohibited. This error was due to my lack of education on trademark rules and Amazon’s policy requirements, and I take full responsibility for the oversight.
-- Greater details on the actions I have taken to resolve all outstanding infringement violations in the initial notice.
• Since the infringement occurred on the product detail pages, I do not have proof of non-infringement. This was a listing error that I have fully corrected. I removed all trademarked terms from the affected detail pages as outlined in Amazon’s Intellectual Property Policy. Afterward, I permanently deleted all 12 ASINs from my inventory. I also reviewed my entire catalog to ensure no similar violations remain and will continue to fully comply with Amazon’s intellectual property policies.
-- Greater detail on the steps I have taken to prevent future infringement.
• I studied Amazon’s Intellectual Property Policy and now follow a structured trademark verification process that aligns with USPTO and Brand Registry guidelines. For all listing content, I search the USPTO database and verify every term against active and pending trademarks. I confirm the spelling exactly as shown under “Mark,” and I review the “Mark Drawing Type” to determine if the trademark is a word mark or design mark. I avoid using any term listed as Live, Registered, or Pending without written authorization from the rights holder. For unclear cases, I consult a licensed U.S. trademark attorney through Amazon’s IP Accelerator if needed. I have already sought guidance from (OMITTED), a U.S.-licensed attorney from (OMITTED), to ensure proper understanding of trademark rules and compliance. I have reviewed my entire catalog using this method, and I now apply this process before publishing or updating any listing. I also monitor content and policy updates daily to ensure full, ongoing compliance.
-- Greater detail on how my account has complied with your policy
• I have permanently removed all previously infringing listings and confirmed there are no other violations in my inventory.
• I have thoroughly studied Amazon’s Intellectual Property Policy and implemented compliance measures to prevent future issues.
-- Greater detail on evidence or examples that demonstrate my account has complied with your policy
• All 12 infringing ASINs have been corrected and no longer appear in my Account Health Dashboard as policy violations.
6 replies
Seller_kIukTwdhvntAp
" I mistakenly believed the terms used were generic and did not verify them. I now understand that several of the terms were registered trademarks and that even indirect use in titles is prohibited. This error was due to my lack of education on trademark rules and Amazon’s policy requirements, and I take full responsibility for the oversight."
On Amazon ignorance is NOT bliss and they expect sellers to come in fully prepared and knowledgeable about their rules and policies -- both the (poorly) written and the unwritten (actual) ones.
I don't recall seeing a successful appeal in the past year or more. There may be some out there, but if so the people are being quiet and keeping a low profile.
Good luck. Amazon is not very forgiving anymore on IP issues.
Emet_Amazon
Hello @Seller_6WQFQcUVj9vQD,
Thank you for posting your concerns with a trademark violation.
As mentioned, you were looking for feedback on your appeal. I also see that you have already mentioned that these listings were already corrected, so I will focus on providing specific feedback for each section.
-- Greater detail on the root causes of the infringement.
• I performed a product title update across ASINs: (OMITTED) using a bulk upload file to improve search relevance. At the time, I had no trademark screening process or understanding of Amazon’s IP policy. I mistakenly believed the terms used were generic and did not verify them. I now understand that several of the terms were registered trademarks and that even indirect use in titles is prohibited. This error was due to my lack of education on trademark rules and Amazon’s policy requirements, and I take full responsibility for the oversight.
When it comes to properly articulating your root cause, you need to ensure that you explain not only what happened, but how, and why it occurred. You initially mention that this started off with a bulk upload file to improve your searches. You need to specifically outline what was added, where it was added and how you understand these attributes violate amazon's policy or an intellectual property owner's rights. You also make a statement that you thought the terms used were generic, you will need to outline why you felt this and encouraged to use them. You do state that you now understand that several terms were trademarked, you will need to utilize this information to show a stronger understanding of the situation. This information helps our review teams understand your perspective in a situation, along with gauging your understanding of these policy violations.
-- Greater details on the actions I have taken to resolve all outstanding infringement violations in the initial notice.
• Since the infringement occurred on the product detail pages, I do not have proof of non-infringement. This was a listing error that I have fully corrected. I removed all trademarked terms from the affected detail pages as outlined in Amazon’s Intellectual Property Policy. Afterward, I permanently deleted all 12 ASINs from my inventory. I also reviewed my entire catalog to ensure no similar violations remain and will continue to fully comply with Amazon’s intellectual property policies.
Surrounding the corrective measures used, you mentioned in your post that all listings have been corrected. When you correct an ASIN or inaccurate attribute, this update pulls the ASIN back into compliance. As you have, this requires the statement of what you've done to fix the situation and show the listings no longer infringe on someone's intellectual property. I have no suggestions on this portion outside of confirming all listings have been corrected so they appear compliant when reviewed. Some situations will require all listings to be compliant and updated prior to the acceptance of these types of appeals.
-- Greater detail on the steps I have taken to prevent future infringement.
• I studied Amazon’s Intellectual Property Policy and now follow a structured trademark verification process that aligns with USPTO and Brand Registry guidelines. For all listing content, I search the USPTO database and verify every term against active and pending trademarks. I confirm the spelling exactly as shown under “Mark,” and I review the “Mark Drawing Type” to determine if the trademark is a word mark or design mark. I avoid using any term listed as Live, Registered, or Pending without written authorization from the rights holder. For unclear cases, I consult a licensed U.S. trademark attorney through Amazon’s IP Accelerator if needed. I have already sought guidance from (OMITTED), a U.S.-licensed attorney from (OMITTED), to ensure proper understanding of trademark rules and compliance. I have reviewed my entire catalog using this method, and I now apply this process before publishing or updating any listing. I also monitor content and policy updates daily to ensure full, ongoing compliance.
Typically, this section should be "proactive" not "reactive", meaning any statements should be focused on how you will prevent the occurrence of any new situations or issues and how you will conduct your business and listing practices moving forward. The statement you made about studying our policy would be considered reactive and should be included in your corrective steps, as it also includes you updating your listings. You do continue and mentioned that you will avoid using any "live, registered or pending terms without permission", the question our teams will have is what this process looks like. How will you manage and use this process? If you are focused on policy compliance, you will need to express when and how often you will review these policies, what specific policies you will review and if necessary, how they will be rolled into training, should you have employees that require it.
I would suggest reviewing the feedback provided for your appeal, and make any necessary adjustments to improve the appeal. You are also welcome to follow up with your updated information for further review or feedback. The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Seller_6WQFQcUVj9vQD
@Emet_Amazon I've updated my appeal with your guidance, could you please check. Thank you for your time.
Dear Amazon Seller Performance Team,
Thank you for providing me with the opportunity to appeal my seller account's suspension for repeated trademark text misuse.
- Greater detail on the root causes of the infringement
• The following ASINs — (Omitted) — were flagged for trademark text misuse. Each included trademarked terms in the product title, which we did not have authorization to use including: (Omitted).
• This happened because I used an AI-based tool to generate Amazon listing titles and assumed it would not include any branded or trademarked terms, as I had instructed it not to. I did not realize that general AI models can still include protected terms by mistake, and I failed to implement a manual trademark screening process to verify the generated content before uploading, which directly led to repeated violations.
• I now fully understand that sellers are responsible for ensuring that product detail pages do not contain any trademarked terms without proper authorization, even if the use is unintentional. I now recognize that my failure to verify terms misused intellectual property and could have misled customers, and take full responsibility.
- Greater detail on the actions you have taken to resolve the complaint.
• After thoroughly reviewing Amazon’s policies, particularly the Intellectual Property Policy for Sellers, I now fully understand the different types of intellectual property rights, including trademarks, copyrights, and patents. I recognize that our listings infringed on trademark rights within the product detail pages and took the exact actions outlined by Amazon in response.
• I updated all affected product detail pages to comply with Amazon’s IP policy by removing infringing content then submiting my appeal through the account health page. However, in some cases, the updates didn’t apply correctly within the expected timeframe given by Amazon, so I deleted those ASINs entirely. After deletion, the violations were cleared from my Account Health dashboard, so I left them as-is.
• I also reviewed my entire catalog in consultation with a U.S.-licensed trademark attorney to ensure it fully complies with Amazon’s policies. During this process, I carefully audited all remaining listings and proactively removed any that could pose a potential IP risk.
- Greater detailed steps you have implemented that will prevent you from repeating the same infringement violation in the future.
• I consulted a licensed U.S. trademark attorney (Omitted) to review the violations and help identify process gaps. As part of this, I received direct training on how to identify protected terms and apply safe listing practices.
• I have implemented a structured trademark verification process aligned with Amazon’s Intellectual Property Policy. Before listing any product, I manually check each term in the USPTO database using its exact spelling. I avoid all terms that are listed as live, registered, or pending, and I specifically review the “Mark Drawing Type” to exclude protected word marks. I only use terms that are not listed in the USPTO database and are clearly generic in context.
• I review Amazon’s Intellectual Property Policy and listing guidelines weekly, check for any updates, and re-verify all listings against the USPTO trademark database. This routine ensures ongoing compliance and helps prevent future violations.
• If any clarification or legal support is needed, I will consult a U.S.-licensed attorney via Amazon’s IP Accelerator program for professional guidance.
- Greater detail on evidence or examples that demonstrate your account has complied with Amazon’s policy
• I have permanently removed or corrected all ASINs flagged for trademark misuse. None of these listings are currently present in my Account Health dashboard.
• I conducted a full audit of my catalog with the assistance of a licensed attorney and confirmed that all active listings are compliant with Amazon policies.
I believe this plan sufficiently addresses the issues and will previent it from occuring again. I look forward to having my selling privileges restored.
Emet_Amazon
Hello @Seller_6WQFQcUVj9vQD,
Thank you for following up on the situation.
I appreciate you sharing your more detailed appeal with updated information. The information provided does show great improvement, however when I attempted to reach out to our teams, they advised an even more detailed appeal was currently pending review with them. At this time, I would advise on allowing their review to be completed, I have requested that they share updates with me so I can continue to provide updates on their progress.
As noted, once more information becomes available on your current review, I will reach back out to communicate any feedback, suggestions on improvements, or resolution. The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
