No idea how to solve this
Hi all,
I am getting an error regarding infringement of a trademark where my listings are at risk of deactiavtion. I am listing some bubble tea products and have used the term boba in the title and also in the description etc.
However, the error I am getting specifically is "Trademark misuse(Boba)". But boba is a term used by everyone to talk about bubble tea. I am confused as to why I wouldn't be allowed to use that term exactly. I find this very confusing. Best way to go about this?
Seller_RlZVPg3d6ZUGP
It is trademarked though UK00003942935 so even if its a common term, it cant be used
Seller_d8YGbIjNqwFxn
This is a fairly new trademark and it is figurative only.
Assuming if the listing is not using that logo then it may give the OP cause to appeal the misuse.
The trademark is also fairly new from October 2023 so the OP may be able to ask the IPO to remove the trademark as a common term has been trademarked.
Seller_RlZVPg3d6ZUGP
Seller_ZQyopdiwkUHOZ
Are you sure it's just a common term? Are you sure it isn't like Hoover or Jacuzzi, where it's a brand name that just started being used generically by the public?
If it was originally a brand, you'll need to remove it from the product pages and titles. If it is generic, then you'll either need to demonstrate that it exists as a descriptive word in the dictionary, get the owner of the trademark to cancel their complaint, or challenge the trademark with the IPO.
Winston_Amazon
Hey there @Seller_Cvte6f6stRJuf,
Hmmm, I do love me some bubble tea, did you appeal against the decision?
