My appeal to patent infregement is not accepted even though I provide design registry document
Hello all,
I received a patent infregement for my product some time ago and my listing is deactivated and appealed it with my own design registry document I got from IPO UK. The product I am selling is not the same product of the complaint. I keep getting an automatic reply from Amazon saying “we need further information…”. On the appeal page it says design registry is accepted to reactivate the listing but I can not get my design registry through the system. I contacted support and they suggested to write down the issue in detail in a word doc and submit it with the design registry document but I am still getting the same response. At this point I am stuck with this issue and any comment will be much appreciated. Thank you in advance.
The reply I got from Amazon
Hello,
We received your submission but do not have enough information to reactivate your listing at this time. To reactivate your listing, please provide any one of the below documents for proving authenticity of your listings:
– A letter of authorization (LOA) or licensing agreement (LA) directly from the rights owner indicating that you are authorized to use their intellectual property. You can find the contact information of the rights owner in the listing deactivation communication you have received.
– An invoice directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
– A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
– Proof of design registration for the listed product.
Has your listing been deactivated in error?
If you believe there has been an error, please tell us why. Your response should include an explanation for how your listing(s) have not violated the brand’s intellectual property along with documents mentioned above to support authenticity.
8 replies
Seller_qZO3ZCjoBXEeL
Without knowing the specifics of your case, if what you have written is correct then you have not appealed correctly. A design and a patent are two different forms of IP.
Patents cover functions and the way things do things. Designs cover the aesthetics and how things look. For instance you cannot patent a 4 legged chair, but you can protect the design of it.
If it was a patent infringement then you need to show why your product does not infringe it. Unfortunately if you have bought it from China there is better than even chances it could well infringe someone’s IP.
Seller_xUKHc5xSYJmI4
Unfortunately whether its IP or Patent infringement the process of appealing appears to be straight forward. From experience we have received a IP infringement we placed a test order showing no trademark exists on either the packaging or the product. Some how this sourcing company who buys none branded products managed to get a brand registry. They sell anything from electrical to women’s bra’s.
As a Prime customer I have noticed many of the products purchased do not contain any brand and are generic products fulfilled by Amazon.
