Say you trademark your brand name
TLDR? Plz skip to TLDR section
So your trademark is granted, you’re brand registered through Amazon and you’re advertising - using ppc but mainly driving traffic from all over social to Amazon to buy.
It’s expensive but it’s working and you’re growing your business. Three yrs go by and you’ve ramped up your social media in a huge way.
So where’s the hitch?
One day you’re covering your checklist for why your BSR took a dive and you find out that a direct competitor is Amazon’s Choice for your brand name.
Dang, it’s actually two direct competitors. How is that allowed?
You create a case and ask. They tell you to file an infringement claim. You do but it’s rejected based on three reasons provided:
- Seller indicates compatibility
- Corresponding registration class
- Can not locate the trademark on detail page
So you respond to the case.
-
Compatibility - Nowhere on the product detail page of ASIN: does this seller indicate compatibility.
-
Corresponding registration class - This seller is a direct competitor selling , the product we sell, while using our brand registered, trademarked name on their detailed page/keywords. Our registration class is which covers both our products as they are similar.
-
Can not locate the trademark on detail page - Kindly go to the detail page here or located the attached screenshot with an arrow pointing towards Amazon’s Choice with our brand name.
You send the reply. You get a message back. It’s still rejected based on the same three reasons.
Huh, did they read your response? How many times have you asked yourself that in the past? OK, so write seller-performance@amazon.com?
That turns out to be a dead end because they say you need to file an infringement through brand registry again.
So you go to your buddies in the forums and ask.
Hi guys, it’s this allowed?
-------------------- TLDR --------------------
Can a direct competitor become (and stay) Amazon’s choice for your trademarked, brand registered brand name?
Just wonderin. If you can help me understand what I’m missing or should do?
Besides nothing and write Jeff. What would you do?
Cheers,
Hank
Seller_T5Mv3ZCUSh7Zl
I suggest that you consult with a competent US patent/trademark attorney. They can review everything, then make an educated determination. They will also recommend the best course of action to protect your rights and if you should seek to be compensated for any loss or damage.
Seller_olet7eVOHxQZd
Amazon’s search etc is geared to what buyers search for and actually Buy. Sounds like they search for your Brand but normally buy another brand.
Seller_TEQeZshCAMwA4
If youre asking whether a competitor can be “Amazon Choice” for a search for your brand name.
The answer is yes they can.
It just means that people buy that product when they search for your name.
Getting the Amazons Choice badge for your brand name is not a trademark infringement.
Hope this helps!
