Trademark issue of same Brand
Our product was removed due to trademark now.
Our product belongs to the 9 nice class. We registered our Brand under the UK product class terms 21 in 2018 year. Now another person registered the same Brand in product class 9 and reported us that we are violating their trademark. Amazon removed our hot selling listing.
How to deal with it ?
0 replies
Seller_aovSrGTvHBnnz
Same brand name? This is almost impossible. Are you both brand-registered on amazon too?
You might need to elaborate a bit if you don’t mind.
Seller_ae51e0CJoHqCX
Who was first to own the brand name and under what circumstances did you obtain the brand name?
The issue here is that if you are in a similar field and you registered something that is similar to something else or could be mistaken for another brand then you maybe on a sticky wicket.
You could be violating their trade mark even if you had registered your trademark first no matter what class it is in.
Being awarded a trademark does not ring fence you from challenges especially if you have not done your homework before registration.
Seems strange that 2 companies would register a similar brand in the same year(2018) in a similar class of product, who has copied off who here?
This looks like something intentional to me. Trademarks are usually there to prevent something happening unexpected in the future. It is like you have both seen this coming and one has now decided to act.
I could be wrong but perhaps a bit more clarity on the situation what led to this will help.
Seller_qZO3ZCjoBXEeL
Which is correct, you’ve registered the wrong class of goods with the UK IPO.
Amazon can only respond to registered and valid trademarks, they are not there to mediate trademark disputes.
In order to fix this you will need to challenge the class 9 registration with the IPO. If this has already passed the 2/3 month review period and been accepted then you’ll have to consult a trademark lawyer to see if you can appeal on the basis of prior use in the class and have the trademark overturned.
It is up to companies and registrants to monitor and defend their own trademarks - no-one else will do it for you.
Julia_Amzn
Hello @Patience,
The best way to deal with the intellectual property infringements is to follow instructions given in the reply message sent by the Amazon investigator.
You will be asked to provide specific documents. Document type will depend on the intellectual property category.
Did you try to get support from the Account Health Support?
Thank you everyone for the engagement in this post!
Julia.
Julia_Amzn
Good morning @ Patience,
I totally understand your disappointment…
I will send you a private message with more details regarding your case.
Respectfully,
Julia.
