Infringe the rights owner's trademark case
Hello,
We are the owner of a trademark, we have this trademark registered on Amazon UK, and we have a shop on Amazon with our goods. We produce and sell our products through FBA in the UK and Europe.
Recently one of our branded items was blocked on Amazon (goods are on FBA warehouses) for a reason: “report from a rights owner that we may infringe the rights owner’s trademark”.
We contacted support, and they said that “we are currently not accepting applications to sell this item”. Our goods are frozen in the EU and the UK Amazon warehouses.
I see that we have an “Appeal” button in the Seller Central. So, may I kindly ask the community to help us to prepare this appeal? What should we mention in it or stress attention? I know that we have one chance, and I would like to do it in the best way.
What concerns me is that it looks like some counterfeits could block from sales on Amazon even legal rights owners :(((
26 replies
Seller_hLn6m62fU0ojt
Just a minor addition, that it was an initiative of Amazon France to block the product.
Ash_AMZ
Hello @Charles_Products,
This is Ash from Amazon, and would help you with your questions.
It has been understood, that you are having concerns on the Intellectual property violations.
Kindly provide notification you received on the above, so that we can help you better.
As per the Amazon policies, sellers should comply with all federal, state, and local laws and Amazon policies applicable to their products and product listings.
Sellers may not violate the IP rights of brands or other rights owners. Violating this policy may result in loss of selling privileges or other legal consequences.
Please keep us posted, the forums community and I, are here to assist you with your concerns.
Regards,
Ash.
Seller_4MlYJvoHfdkDh
Do you have the original ASIN?
EDIT, its ok, got it
Seller_4MlYJvoHfdkDh
Have you seen there is a chinese seller on your listing?
Seller_4MlYJvoHfdkDh
I see you are still on the listing as an FBM seller, Id probably come off that until this is sorted otherwise they will just do it again…
Seller_hLn6m62fU0ojt
If Amazon blocked the listing with bamboo organiser based on a claim with a category ““Seaweed extracts for food; Edible oils; Meat; Milk products; Dried edible mushrooms; Processed areca; Jellies for food; Foods made from fish; Fish, tinned [canned (Am.)]; Fruit salads”.”, could it be a reason why they decline the trademark violation report with a reason about wrong trademark category? Do they really think that it should be food category?
Seller_hLn6m62fU0ojt
On the website https://brandregistry.amazon.co.uk, there is an option to create a case to Escalate an infringement-related issue.
Has anyone used this tool? Is it possible to get an answer there? Because it does not matter what I write there, I receive exactly the same template answer, 3 times in a row already, like they think it will be more understandable for me
Seller_zSgC5zKFELg5A
Hello @Finoak_LTD,
Thank you for reaching out to us!
We understand that you have concern regarding your intellectual properly complaints as per the above post.
By referring to the thread, it is observed that you consider this to be a false claim.
For such a policy violation, when flagged you need to submit the required documents as mentioned below:
Letter of authorization or licensing agreement from Rights owner’s brand or manufacturer must appear on the letter of authorization or licensing agreement.
The letter of authorization or licensing agreement must come from the rights owner or the brand if the reporter was an agent.
Or you can request for a retraction from the right owners as mentioned in the notification above.
if you’re unable to come up with these documents. You should submit a plan of action covering three aspects which are as follows
Root Cause: What led to the violation? What knowledge gap have you observed? Etc.
Corrective Actions: Your immediate steps taken in this regard to resolve the issue
Preventative Steps: Your future plans on how you will be ensuring the violation is avoided.
If you are stating that you will ensure not to violate amazon’s policy in future then what are the necessary steps you are going to take? How will you ensure? Do you have any new listing procedure?
What resources you will be referring to before creating the listing? Is your staff well aware of the policies? Do you have any training program me or improvement plan in mind to ensure such violations do not occur?
Root cause, Corrective actions and Preventative measure should be in alignment.
Further, I would recommend you to go through our policy regarding intellectual property:
https://sellercentral-europe.amazon.com/help/hub/reference/G201361070
I hope this resolves your query. Please continue to post on the thread if you have any questions around this.
Regards,
Nehal
Seller_zSgC5zKFELg5A
Hello @Finoak_LTD,
Thank you for reaching out to us once again!
As you are a brand owner, so we recommend you to please submit the trade mark certificate through the appeal button. Our team will review it and get back to you.
Regards,
Nehal