Someone trademarks my artwork and gets me booted of amazon
So I have been selling a design for about 7 years now and someone recently trademarked the words then sent an infringement to my account. and although I did remove the product since it’s difficult to prove ownership, amazon have decided to temporary remove my privileges
Someone trademarks my artwork and gets me booted of amazon
So I have been selling a design for about 7 years now and someone recently trademarked the words then sent an infringement to my account. and although I did remove the product since it’s difficult to prove ownership, amazon have decided to temporary remove my privileges
0 replies
Seller_gmdEdrHY5suGu
Welcome to amazon, thats why they’re called privileges because its apparently a privilege to sell here. You need to find out exactly how that person trademarked the words and do the same in the future. Seems like even to start small business you need a team of lawyers, tough times…
Seller_ftMMn0UeA4IQP
You can oppose a trademark
https://www.gov.uk/guidance/objecting-to-other-peoples-trade-marks-and-the-legal-costs
Seller_A2fiD9FX97Kto
There really must come a time when intellectual property carries some weight! To allow people safeguard their own artwork designs and listings
Seller_y4HgUrlcFuGH1
Hi Rick1.
Would you mind letting us know more about the trademarked words that you we supposedly infringing?
There is a company that goes above and beyond to get competitors removed…i have a feeling i know who you are talking about.
Seller_W6IbwSPxN8QUm
Come on lads post who it is, my popcorn is going cold
Seller_f5cnodyVjLD4S
Still all OK in Europe… I thought this was the official Trademark search site Amazon used? (Get in there quick!!) 
lol
https://euipo.europa.eu/eSearch/#basic/1+1+1+1/100+100+100+100/eat%20sleep%20game%20repeat
Seller_W6IbwSPxN8QUm
He doesn’t seem to be selling on amazon
Seller_toP3nL5zuCfTz
Lesson no.1 Always trademark your brand wording and logo and protect your designs using design rights or patents
Lesson no.2 While they now have elevated rights because they own the trademark to the word(s) you have been using, proof of prior use before the competitor trademarked is all you need to have the listing reinstated, your account reinstated and also to afford you rights to use the trademark. This is incredibly easy actually
Eg. If you started using the word mark in 2015 in listings and your competitor filed a trademark in 2018, all you need to do is take a screenshot of your listing and highlight the publication date. As long as your publication date is significantly before the date of filing of the trademark that your competitor bought, you have full legal right to sell and Amazon should reinstate the listing and selling privileges
Seller_WseB32EBb785w
You can oppose a tm, if it is in the application process (advertising journal or whatever), but you can’t oppose it on the basis that someone has tm’d your artwork. The IPO work on a first come first served basis, so if you have an idea, get drunk and disclose it to someone else, if they apply for a tm or a patent, there is SFA you can do about that unfortunately. Proving criminal activity could be the only exception I guess. I hope somehow you get this solved though, as it sounds unfair.
Seller_kHIYvQFgzwVAy
Amazon previously alerted you of these issues by emailing you the warnings listed below:
Notice one:
– ASINs:
B0767KW31T
B0767D1ZZ5
B0767FZLWX
B0767CSXQN
B0767CNDCQ
– Name of Rights Owner: Eat Sleep Game Repeat
– Infringement Type:TRADEMARK
What’s next?
Send a plan of action within 72 hours that explains:
– Proof of authenticity (e.g., invoice, Order ID, letter of authorization, licensing agreement or court order) for infringing listings
– The steps you have taken to ensure that you are no longer infringing and will not infringe in the future
– Other relevant information
– Supporting details should you believe the notice was submitted in error or the notices are incorrect
