Someone trademarked our brand name in the EU and Amazon won't help
Hello,
We are brand registered and have trademark in the UK and USA since 2014.
Someone has trademarked our brand name with the exact same classes just last week.
They have filed a infringement notice and Amazon has suspended all of our listings.
I will be contacting a trademark lawyer to cancel this illegal trademark.
Is there anything i can do in the meantime and to stop Amazon destroying our products if evidence is not provided within 60 days?
Any advice would be greatly appreciated.
Thanks
Someone trademarked our brand name in the EU and Amazon won't help
Hello,
We are brand registered and have trademark in the UK and USA since 2014.
Someone has trademarked our brand name with the exact same classes just last week.
They have filed a infringement notice and Amazon has suspended all of our listings.
I will be contacting a trademark lawyer to cancel this illegal trademark.
Is there anything i can do in the meantime and to stop Amazon destroying our products if evidence is not provided within 60 days?
Any advice would be greatly appreciated.
Thanks
5 replies
Seller_ZQyopdiwkUHOZ
It's not an illegal trademark. They may be using it in a fraudulent way, but they are just as entitled to the trademark as you, since you didn't have an active EU trademark.
You won't just need a Trademark Solicitor, you'll need one who specialises in EU law. Even if you're successful in getting their trademark revoked, that may not change anything with how Amazon see the situation.
You need to square this with Amazon. First of all, were you selling into the EU or storing stock in FBA centres there?
When you say they've filed an infringement notice, do you mean with Amazon or do you mean some sort of legal action?
Seller_ZQyopdiwkUHOZ
Then for now you can only try and get Amazon to accept your UK or US trademarks, which is going to be difficult.
We have been using our trademark since 2014 in the UK but since EU sales were low we never trademarked there.
The name is made up from my two children's names.
Unfortunately you leave yourself open to someone else taking the trademark if you don't. That's why a lot of companies get global trademarks, or trademark in all major markets even if they don't have the intent to sell there at the time.
That's going to be the issue you'll struggle with. If you had only been selling to the UK and US, you might have been able to appeal on the grounds that you had the trademark in the areas you were selling.
As is, the only argument I can think to make is to point out your products existed before the trademark was filed. In which case, I expect you'll need to take it to whatever the various EU marketplace equivalents are to the managing director office, and may even need to escalate beyond there.
