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Please help - Notice: Policy Warning (Trademark Related)
Hello
Few days ago, I got an email from Amazon about: Notice: Policy Warning
We received a report from a rights owner that the products listed at the end of this email are inauthentic.
The rights owner is asserting that the products infringe the following trademark:
–Trademark number: 59*****Why did this happen?
One or more of your listings may be infringing the intellectual property rights of others.
And my ASIN has been blocked.
About my product:
- I am selling Private Label (under my own brand name - I have a Trademark for my brand). However, on the packing there is a text (Example: BLAH BLAH BLAH). I ordered from my manufacturer since Oct, 2019 (when the Trademark above not available).
- Cause of Covid-19 so the delay of producing, shipment so it arrived on Amazon Warehouse on April 2020. However, after available on Amazon. The owner of trademark above reported and my ASIN blocked.
- About the text (example: BLAH BLAH BLAH). My manufacturer designed it since 2011 and they sold for Bed Bath and Bayond for a long time (They sent me invoice, payment documents, Original design since 2011). But the owner of Trademark 59***** registered the trademark and available on November 2019.
Is there any way for me to reactivate my ASIN?
I am willing to delete inventory. Remove the words BLAH BLAH BLAH and use my own brand.
Thanks
5 replies
Seller_olet7eVOHxQZd
Sounds like you listed your generic items under someone else’s brand. You’ll need to communicate with them to get it resolved.
Most likely, they will not remove the complaint.
Seller_rJsyoeFb5jusD
Hi @ma0man0,
Aurora with Amazon here to provide further clarification.
Based on your thread, I understand you are facing a trademark infringement complaint and have identified the root cause. Let’s work together to find a solution.
Have you attempted to reach out to the rights owner to request for a retraction? What about your other listings? Have you reviewed the remainder of your listings to ensure you are not infringing on anyone else’s intellectual rights?
Going forward, it is important for you to construct a reliable vetting process from designing to manufacturing to listing your products. How would you guarantee that your suppliers are credible? What are the tools and websites used in checking future intellectual property? How regular would your checks be? Using your own brand would be a good preventive measure but it is crucial to confirm that the ASIN(s) are not in violation of other intellectual property.
I would highly recommend reviewing our policies in regards to intellectual property rights if you have more questions. I hope the above provided more insight in your current situation.
Best,
Aurora
Seller_Dvl14QlKFsFWw
Greetings @ma0man0,
This is Jane here to provide some inputs.
We are unable to provide a conclusive answer for your question above because a holistic review is done for every appeal and your ASIN reinstatement does not depend solely on the product’s removal and replacement. I will encourage you to propose the above plan in your plan of action for Amazon to review, as well as indicate how you will prevent this issue moving forward.
I understand that when you had first listed your item, the trademark was not registered. Were you aware that the trademark was registered later in November 2019? Or did you only find out when you received this complaint? As a seller, it is a good and necessary practice to always keep your listings accurate and ensure that your product and packaging does not infringe on others’ rights. I encourage you to take a look at how you can implement regular reviews in your operations to ensure your products are in line with our guidelines and do not contain any intellectual property that does not belong to you.
In your appeal, you should section it into the root causes of your infringement, the solutions you have taken to resolve the issue, and your plans to prevent infringement issues moving forward. Since you have your own brand, you can discuss how you will only utilize designs or trademarks you have registered moving forward.
I hope the above helps!
Cheers,
Jane
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