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How To Get Bad Actors Off of My Brand Registered Product Listing
I have been having some bad actors selling products on my private label listing under my brand. I have completed test buys on the products, but I am trying to now get these sellers off of my listing all together. I've submitted a few different cases listed below:
1) Through Brand Registry - I cannot report a trademark infringement because my trademark is pending.
2) Through the general seller help section - I was sent this below email:
"Hello,
Notices of intellectual property infringement must be submitted through Brand Registry or our online notice of infringement form (https://www.amazon.com/report/infringement).
If you are reporting ASINs in different Amazon stores, use our online notice of infringement form in the Amazon store where the reported ASINs are listed.
If you are appealing an action taken on your account for an intellectual property complaint, please submit this information by clicking the Appeal button on Account Health (https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa).
If you believe sellers are listing incomplete or inaccurate products against the detail page, we ask that you contact us directly (https://sellercentral.amazon.com/cu/contact-us).
Please resubmit your notice of infringement through one of these channels so that we may process your complaint.
Sincerely,
Thank you for selling with Amazon,"
3) Report a violation submission - I followed the contact us link given in the prior email and submitted a product violation through my ASINs against the bad actors. I immediately got this email in return
"Thank you for your report of a suspected policy violation. We cannot take action on the report as no violation has been identified on the reported #ASIN1#, #ASIN2# for the violation type selected.
ASIN: #ASIN1#, #ASIN2#
Order ID (if applicable): My Order #
Complaint ID: 14509113981"
I'm out of ideas on how to navigate this. Surely there must be something that can be done to prevent people selling a separate product from a brand registered product, correct? I've fortunately been doing pretty well in my category in my first 6 months of selling and am simply trying to continue to grow and scale my business on this platform. What is the best way to proceed?
0 replies
Seller_Qbd0RsfZFEZBY
You put the cart before the horse and went for sales before the trademark is registered. I have no advice for you. You made yourself a target by listing an unregistered brand. Maybe a trademark lawyer could speed up the USPTO process?
Dougal_Amazon
Hello @Seller_Su8Ar5Z0dMRCr,
My name is Dougal from the Community Manager Team and I would be happy to provide some direction to assist.
First, I want to clarify that you CAN report some trademark infringement complaints with a pending Trademark, but probably not the one you want (Counterfeit).
So your next steps depend on what you found via your test buy.
If the seller is infringing on your Trademark with their product or packaging, then you can report this via report a violation in Brand Registry.
I strongly encourage you to review the Intellectual Property for Rights Owners help page. This provides definitions and examples of each main type of IP as well as how to properly report IP infringement.
If you cannot take action in Brand Registry because you do not have evidence of TM infringement, but you are receiving an item that is not identical to the detail page, report abuse via the Account Health dashboard in Seller Central. Select "The product received is different than the product on the detail page (different version, model or product)," and provide all the relevant detail.
Hope this helps with some next steps for you to take and please let me know if you have any other questions.
Best, Dougal
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