Trademark Infringement but yet item is not in that class that the trademark is registered
One of my listings was flagged last night with a Trademark misuse
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine of the phrase given, it is currently only trademarked for Primary Class of 018 which is Tote Bags When I sent a message to Amazon from the link they state if you think the flagging is an error I included the serial number of the trademark as well as a link.
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for the same phrase but that is pending and not approved as of yet for the Class 025 (clothing).
So I get back this reply below which is NOT even what I messaged about in the first place and I can not reply to it the case yet the trademark violation is still showing in my account health page. What the heck am I supposed to do about this? The person does NOT have a trademark registration for the phrase in jewelry (I check these thing because I sell on other marketplaces as well and try to avoid any trademark issues)
"The ASIN is currently active on the catalog.
You may need to update the price and quantity on the ASIN to get your offers live again.
To help us continually improve, we ask that you take a moment to complete our survey below to tell us about your experience with this specific interaction."
Here is the exact message I sent to Amazon last night
My listing for Crazy Chicken Lady Custom Engraved Stainless Steel Custom Keychain Gift by Kennebug Gift for Hobby Farmers Back can be Personalized was flagged for a trademark misuse violation.
The stated reason given in my account health is Trademark misuse (Crazy Chicken Lady)
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine "Crazy Chicken Lady" is currently only trademarked for Primary Class of 018 which is Tote Bags under US Serial Number 90432847.
HAD THE LINK TO THE TRADEMARK FILE ON USPTO SITE HERE
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for "Crazy Chicken Lady" but that is pending and not approved and for the Class 025 (clothing).
In conclusion, per Trademark rules and regulations my item is not in violation of the Crazy Chicken Lady trademark as my item does not fall into the class of the trademark registered.
Respectfully,
Nicole Spica
Kennebug LLC
Trademark Infringement but yet item is not in that class that the trademark is registered
One of my listings was flagged last night with a Trademark misuse
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine of the phrase given, it is currently only trademarked for Primary Class of 018 which is Tote Bags When I sent a message to Amazon from the link they state if you think the flagging is an error I included the serial number of the trademark as well as a link.
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for the same phrase but that is pending and not approved as of yet for the Class 025 (clothing).
So I get back this reply below which is NOT even what I messaged about in the first place and I can not reply to it the case yet the trademark violation is still showing in my account health page. What the heck am I supposed to do about this? The person does NOT have a trademark registration for the phrase in jewelry (I check these thing because I sell on other marketplaces as well and try to avoid any trademark issues)
"The ASIN is currently active on the catalog.
You may need to update the price and quantity on the ASIN to get your offers live again.
To help us continually improve, we ask that you take a moment to complete our survey below to tell us about your experience with this specific interaction."
Here is the exact message I sent to Amazon last night
My listing for Crazy Chicken Lady Custom Engraved Stainless Steel Custom Keychain Gift by Kennebug Gift for Hobby Farmers Back can be Personalized was flagged for a trademark misuse violation.
The stated reason given in my account health is Trademark misuse (Crazy Chicken Lady)
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine "Crazy Chicken Lady" is currently only trademarked for Primary Class of 018 which is Tote Bags under US Serial Number 90432847.
HAD THE LINK TO THE TRADEMARK FILE ON USPTO SITE HERE
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for "Crazy Chicken Lady" but that is pending and not approved and for the Class 025 (clothing).
In conclusion, per Trademark rules and regulations my item is not in violation of the Crazy Chicken Lady trademark as my item does not fall into the class of the trademark registered.
Respectfully,
Nicole Spica
Kennebug LLC
0 replies
Seller_UQvR6g5N81tbt
I sent another case message the same as before. This time they replied
"From your email, we understand that your product ID: B0D4WCMQXV is flagged under trademark misuse violation. .
We see that you have updated the listing with ASIN B0D4WCMQXV recently.
Upon further investigation; we found that you still have to remove infringing brand name crazy chicken lady from Item name and generic keyword.
Please allow up to 24 hours for the updated ASIN to become ACTIVE.'
How do I appeal this or file a DCIM for this as it is not violating anything as my item is not in the same trademark class as the registered trademarks. Does Amazon not understand how trademarks work???
LeviDylan_Amazon
Hello @Seller_UQvR6g5N81tbt,
Thank you for reaching out on the Seller Forums.
"Trademark Infringement but yet item is not in that class that the trademark is registered"
From what you have shared, I see that you have some concerns with trademark misuse violations and you have questions about how to get them resolved.
So that I can guide you the best, can you share any case logs associated with this, so we can take a look?
Typically, if you receive a suspected trademark misuse violation, the brand name in the listing may not match the trademarked term. You can edit the listing to make sure the proper brand name is visible or you can remove the trademarked content. If the listing has been corrected, it will be reviewed for reinstatement.
I look forward to learning more. Once you have reviewed the information and questions above, please feel free to respond here. The Forums community and I are here to support you.
Wishing you the best,
LeviDylan
Seller_HP0CuTSNvJvu9
"Crazy Chicken Lady" is a VERY specific phrase. I would either take the L on this one and change the name, or remove it and register the trademark under Class 014 (If your lawyer and the Trademark office will accept it). Jewelry, Tote Bags, and Clothing are all separate classes but as far as Amazon (and any reasonable person) is concerned those are ALL Fashion.
Seller_24FzucbyGtgZS
Amazon will NOT look at TESS nor are they trained or even knowledgeable and literally anything.
If its not your trademark, don't even fight it. Sell on another platform.
Contact a trademark lawyer for more information.
Seller_TeK7HYTK7PiOb
Don't expect Amazon to recognize the difference between trademark classes.
It sounds like you haven't spent any money trying to register that trademark in Class 14. I recommend you change the name and move on. This fight isn't worth it and short of retaining legal counsel you're not going to succeed with Seller Support who are little more than bots following a script.
Trademark Infringement but yet item is not in that class that the trademark is registered
One of my listings was flagged last night with a Trademark misuse
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine of the phrase given, it is currently only trademarked for Primary Class of 018 which is Tote Bags When I sent a message to Amazon from the link they state if you think the flagging is an error I included the serial number of the trademark as well as a link.
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for the same phrase but that is pending and not approved as of yet for the Class 025 (clothing).
So I get back this reply below which is NOT even what I messaged about in the first place and I can not reply to it the case yet the trademark violation is still showing in my account health page. What the heck am I supposed to do about this? The person does NOT have a trademark registration for the phrase in jewelry (I check these thing because I sell on other marketplaces as well and try to avoid any trademark issues)
"The ASIN is currently active on the catalog.
You may need to update the price and quantity on the ASIN to get your offers live again.
To help us continually improve, we ask that you take a moment to complete our survey below to tell us about your experience with this specific interaction."
Here is the exact message I sent to Amazon last night
My listing for Crazy Chicken Lady Custom Engraved Stainless Steel Custom Keychain Gift by Kennebug Gift for Hobby Farmers Back can be Personalized was flagged for a trademark misuse violation.
The stated reason given in my account health is Trademark misuse (Crazy Chicken Lady)
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine "Crazy Chicken Lady" is currently only trademarked for Primary Class of 018 which is Tote Bags under US Serial Number 90432847.
HAD THE LINK TO THE TRADEMARK FILE ON USPTO SITE HERE
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for "Crazy Chicken Lady" but that is pending and not approved and for the Class 025 (clothing).
In conclusion, per Trademark rules and regulations my item is not in violation of the Crazy Chicken Lady trademark as my item does not fall into the class of the trademark registered.
Respectfully,
Nicole Spica
Kennebug LLC
Trademark Infringement but yet item is not in that class that the trademark is registered
One of my listings was flagged last night with a Trademark misuse
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine of the phrase given, it is currently only trademarked for Primary Class of 018 which is Tote Bags When I sent a message to Amazon from the link they state if you think the flagging is an error I included the serial number of the trademark as well as a link.
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for the same phrase but that is pending and not approved as of yet for the Class 025 (clothing).
So I get back this reply below which is NOT even what I messaged about in the first place and I can not reply to it the case yet the trademark violation is still showing in my account health page. What the heck am I supposed to do about this? The person does NOT have a trademark registration for the phrase in jewelry (I check these thing because I sell on other marketplaces as well and try to avoid any trademark issues)
"The ASIN is currently active on the catalog.
You may need to update the price and quantity on the ASIN to get your offers live again.
To help us continually improve, we ask that you take a moment to complete our survey below to tell us about your experience with this specific interaction."
Here is the exact message I sent to Amazon last night
My listing for Crazy Chicken Lady Custom Engraved Stainless Steel Custom Keychain Gift by Kennebug Gift for Hobby Farmers Back can be Personalized was flagged for a trademark misuse violation.
The stated reason given in my account health is Trademark misuse (Crazy Chicken Lady)
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine "Crazy Chicken Lady" is currently only trademarked for Primary Class of 018 which is Tote Bags under US Serial Number 90432847.
HAD THE LINK TO THE TRADEMARK FILE ON USPTO SITE HERE
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for "Crazy Chicken Lady" but that is pending and not approved and for the Class 025 (clothing).
In conclusion, per Trademark rules and regulations my item is not in violation of the Crazy Chicken Lady trademark as my item does not fall into the class of the trademark registered.
Respectfully,
Nicole Spica
Kennebug LLC
Trademark Infringement but yet item is not in that class that the trademark is registered
One of my listings was flagged last night with a Trademark misuse
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine of the phrase given, it is currently only trademarked for Primary Class of 018 which is Tote Bags When I sent a message to Amazon from the link they state if you think the flagging is an error I included the serial number of the trademark as well as a link.
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for the same phrase but that is pending and not approved as of yet for the Class 025 (clothing).
So I get back this reply below which is NOT even what I messaged about in the first place and I can not reply to it the case yet the trademark violation is still showing in my account health page. What the heck am I supposed to do about this? The person does NOT have a trademark registration for the phrase in jewelry (I check these thing because I sell on other marketplaces as well and try to avoid any trademark issues)
"The ASIN is currently active on the catalog.
You may need to update the price and quantity on the ASIN to get your offers live again.
To help us continually improve, we ask that you take a moment to complete our survey below to tell us about your experience with this specific interaction."
Here is the exact message I sent to Amazon last night
My listing for Crazy Chicken Lady Custom Engraved Stainless Steel Custom Keychain Gift by Kennebug Gift for Hobby Farmers Back can be Personalized was flagged for a trademark misuse violation.
The stated reason given in my account health is Trademark misuse (Crazy Chicken Lady)
Upon search of the USTPO (United State Trademark and Patent Office) trademark engine "Crazy Chicken Lady" is currently only trademarked for Primary Class of 018 which is Tote Bags under US Serial Number 90432847.
HAD THE LINK TO THE TRADEMARK FILE ON USPTO SITE HERE
My product is a Keychain which falls under Class 014 (Jewelry).
There is another trademark application pending for "Crazy Chicken Lady" but that is pending and not approved and for the Class 025 (clothing).
In conclusion, per Trademark rules and regulations my item is not in violation of the Crazy Chicken Lady trademark as my item does not fall into the class of the trademark registered.
Respectfully,
Nicole Spica
Kennebug LLC
0 replies
0 replies
Seller_UQvR6g5N81tbt
I sent another case message the same as before. This time they replied
"From your email, we understand that your product ID: B0D4WCMQXV is flagged under trademark misuse violation. .
We see that you have updated the listing with ASIN B0D4WCMQXV recently.
Upon further investigation; we found that you still have to remove infringing brand name crazy chicken lady from Item name and generic keyword.
Please allow up to 24 hours for the updated ASIN to become ACTIVE.'
How do I appeal this or file a DCIM for this as it is not violating anything as my item is not in the same trademark class as the registered trademarks. Does Amazon not understand how trademarks work???
LeviDylan_Amazon
Hello @Seller_UQvR6g5N81tbt,
Thank you for reaching out on the Seller Forums.
"Trademark Infringement but yet item is not in that class that the trademark is registered"
From what you have shared, I see that you have some concerns with trademark misuse violations and you have questions about how to get them resolved.
So that I can guide you the best, can you share any case logs associated with this, so we can take a look?
Typically, if you receive a suspected trademark misuse violation, the brand name in the listing may not match the trademarked term. You can edit the listing to make sure the proper brand name is visible or you can remove the trademarked content. If the listing has been corrected, it will be reviewed for reinstatement.
I look forward to learning more. Once you have reviewed the information and questions above, please feel free to respond here. The Forums community and I are here to support you.
Wishing you the best,
LeviDylan
Seller_HP0CuTSNvJvu9
"Crazy Chicken Lady" is a VERY specific phrase. I would either take the L on this one and change the name, or remove it and register the trademark under Class 014 (If your lawyer and the Trademark office will accept it). Jewelry, Tote Bags, and Clothing are all separate classes but as far as Amazon (and any reasonable person) is concerned those are ALL Fashion.
Seller_24FzucbyGtgZS
Amazon will NOT look at TESS nor are they trained or even knowledgeable and literally anything.
If its not your trademark, don't even fight it. Sell on another platform.
Contact a trademark lawyer for more information.
Seller_TeK7HYTK7PiOb
Don't expect Amazon to recognize the difference between trademark classes.
It sounds like you haven't spent any money trying to register that trademark in Class 14. I recommend you change the name and move on. This fight isn't worth it and short of retaining legal counsel you're not going to succeed with Seller Support who are little more than bots following a script.
Seller_UQvR6g5N81tbt
I sent another case message the same as before. This time they replied
"From your email, we understand that your product ID: B0D4WCMQXV is flagged under trademark misuse violation. .
We see that you have updated the listing with ASIN B0D4WCMQXV recently.
Upon further investigation; we found that you still have to remove infringing brand name crazy chicken lady from Item name and generic keyword.
Please allow up to 24 hours for the updated ASIN to become ACTIVE.'
How do I appeal this or file a DCIM for this as it is not violating anything as my item is not in the same trademark class as the registered trademarks. Does Amazon not understand how trademarks work???
Seller_UQvR6g5N81tbt
I sent another case message the same as before. This time they replied
"From your email, we understand that your product ID: B0D4WCMQXV is flagged under trademark misuse violation. .
We see that you have updated the listing with ASIN B0D4WCMQXV recently.
Upon further investigation; we found that you still have to remove infringing brand name crazy chicken lady from Item name and generic keyword.
Please allow up to 24 hours for the updated ASIN to become ACTIVE.'
How do I appeal this or file a DCIM for this as it is not violating anything as my item is not in the same trademark class as the registered trademarks. Does Amazon not understand how trademarks work???
LeviDylan_Amazon
Hello @Seller_UQvR6g5N81tbt,
Thank you for reaching out on the Seller Forums.
"Trademark Infringement but yet item is not in that class that the trademark is registered"
From what you have shared, I see that you have some concerns with trademark misuse violations and you have questions about how to get them resolved.
So that I can guide you the best, can you share any case logs associated with this, so we can take a look?
Typically, if you receive a suspected trademark misuse violation, the brand name in the listing may not match the trademarked term. You can edit the listing to make sure the proper brand name is visible or you can remove the trademarked content. If the listing has been corrected, it will be reviewed for reinstatement.
I look forward to learning more. Once you have reviewed the information and questions above, please feel free to respond here. The Forums community and I are here to support you.
Wishing you the best,
LeviDylan
LeviDylan_Amazon
Hello @Seller_UQvR6g5N81tbt,
Thank you for reaching out on the Seller Forums.
"Trademark Infringement but yet item is not in that class that the trademark is registered"
From what you have shared, I see that you have some concerns with trademark misuse violations and you have questions about how to get them resolved.
So that I can guide you the best, can you share any case logs associated with this, so we can take a look?
Typically, if you receive a suspected trademark misuse violation, the brand name in the listing may not match the trademarked term. You can edit the listing to make sure the proper brand name is visible or you can remove the trademarked content. If the listing has been corrected, it will be reviewed for reinstatement.
I look forward to learning more. Once you have reviewed the information and questions above, please feel free to respond here. The Forums community and I are here to support you.
Wishing you the best,
LeviDylan
Seller_HP0CuTSNvJvu9
"Crazy Chicken Lady" is a VERY specific phrase. I would either take the L on this one and change the name, or remove it and register the trademark under Class 014 (If your lawyer and the Trademark office will accept it). Jewelry, Tote Bags, and Clothing are all separate classes but as far as Amazon (and any reasonable person) is concerned those are ALL Fashion.
Seller_HP0CuTSNvJvu9
"Crazy Chicken Lady" is a VERY specific phrase. I would either take the L on this one and change the name, or remove it and register the trademark under Class 014 (If your lawyer and the Trademark office will accept it). Jewelry, Tote Bags, and Clothing are all separate classes but as far as Amazon (and any reasonable person) is concerned those are ALL Fashion.
Seller_24FzucbyGtgZS
Amazon will NOT look at TESS nor are they trained or even knowledgeable and literally anything.
If its not your trademark, don't even fight it. Sell on another platform.
Contact a trademark lawyer for more information.
Seller_24FzucbyGtgZS
Amazon will NOT look at TESS nor are they trained or even knowledgeable and literally anything.
If its not your trademark, don't even fight it. Sell on another platform.
Contact a trademark lawyer for more information.
Seller_TeK7HYTK7PiOb
Don't expect Amazon to recognize the difference between trademark classes.
It sounds like you haven't spent any money trying to register that trademark in Class 14. I recommend you change the name and move on. This fight isn't worth it and short of retaining legal counsel you're not going to succeed with Seller Support who are little more than bots following a script.
Seller_TeK7HYTK7PiOb
Don't expect Amazon to recognize the difference between trademark classes.
It sounds like you haven't spent any money trying to register that trademark in Class 14. I recommend you change the name and move on. This fight isn't worth it and short of retaining legal counsel you're not going to succeed with Seller Support who are little more than bots following a script.
