About brand abuse
My brand has been removed by Amazon, and I would like to clarify the following: this brand is registered with the United States Patent and Trademark Office, and I have granted authorization for its use on the Amazon Japan platform. Prior to granting authorization, I inquired with Amazon Customer Service about the possibility of enforcing my brand rights on the Japanese website. The Amazon representative confirmed it was possible (case: 2410747593). When I encountered unauthorized reselling by other sellers, I contacted Amazon staff to inquire about the appropriate actions to take. Amazon Customer Service advised me to report the infringement through the following path: “Performance > Account Health > Report a violation of Amazon’s policies > Intellectual Property Infringement (Copyright, Trademark, Patent)” (cases: 2410964873/2413584733). In case 2553578723, Amazon also suggested following the same procedure. All my actions were based on the guidance provided by Amazon Customer Service. Therefore, I fail to understand why following Amazon’s instructions would be deemed as brand abuse. Have I been misled? What can I do to restore my brand?
About brand abuse
My brand has been removed by Amazon, and I would like to clarify the following: this brand is registered with the United States Patent and Trademark Office, and I have granted authorization for its use on the Amazon Japan platform. Prior to granting authorization, I inquired with Amazon Customer Service about the possibility of enforcing my brand rights on the Japanese website. The Amazon representative confirmed it was possible (case: 2410747593). When I encountered unauthorized reselling by other sellers, I contacted Amazon staff to inquire about the appropriate actions to take. Amazon Customer Service advised me to report the infringement through the following path: “Performance > Account Health > Report a violation of Amazon’s policies > Intellectual Property Infringement (Copyright, Trademark, Patent)” (cases: 2410964873/2413584733). In case 2553578723, Amazon also suggested following the same procedure. All my actions were based on the guidance provided by Amazon Customer Service. Therefore, I fail to understand why following Amazon’s instructions would be deemed as brand abuse. Have I been misled? What can I do to restore my brand?
3 respuestas
Sandy_Amazon
Hello @Seller_HtVzFGFo5igdb
My name is Sandy from the Community Manager team here on Seller Forums. I'm happy to offer some guidance and insights on your case here.
Depending on the situation, Brand Registry typically does not disclose a lot of information around the denial reason as per their policy. However, I have worked on many seller cases with Brand Registry here and have some insights/ potential reasons that may help.
Typically when sellers receive this messaging it could mean 2 things:
- The seller themselves has engaged in abusive conduct
- The trademark/brand is abusive.
For 1. Some sellers will have Account Health metrics they will need to work on, or have other selling accounts they opened in the past/present that in bad standing. (deactivated, terminated, not meeting account health metrics, unresolved claims, etc.)
If you do not fall under all things listed in 1, the reason for decline could be for reason 2.
For 2. Trademark reason, if sellers are working with an attorney or agent that violates United States Patent and Trademark Office (USPTO) rules and policies, this will prevent you from enrolling in Brand Registry.
If you’re working through an intermediary, rather than directly with a U.S. licensed attorney, to seek a U.S. trademark registration or enrollment into Brand Registry, your application may be subject to additional investigation by Amazon and the USPTO.
Please check whether your attorney is a subject to an Order for Sanctions from the USPTO or listed on Potentially Misleading Solicitations. If you’re concerned about the validity of your application or the conduct of involved parties, please consult with a new private U.S. attorney to review your application.
If you review 2 and are sure that your attorney is not sanctioned by USPTO or Amazon, please appeal your case and apply again.
I'm happy to answer any questions if you have any. Thank you!
Best,
Sandy
