Trademark Takedown Notice – Amazon

Trademark take down notices on electronic commerce platforms such as Amazon happen often. Whether you are on the sending or receiving end, it is a problem that you need to solve.

Let’s look at why you may need to send a Trademark Infringement Notice. This happens when a product is listed with your trademark on it, or a very similar variation. This undoubtedly will lure business away from your listings.  The fastest way to deal with this is to register your brand with Amazon Brand Registry. From this account, you may file Notice of Infringement with Amazon and have the infringing listings taken down very quickly.

The caveat is how to combat illegitimate “resellers”. Buyers of authentic goods can list them on Amazon and offer them at whatever price that they would like to, and this is exactly what infringing sellers will claim when your Notice of Infringement is filed. Telling Amazon the reason why you believe the goods offered are not authentic is key. This may take a long time to decipher, but a keen eye on details and knowledge of what you need to look for will help.

On the flip side, you have a legitimate business on Amazon selling authentic goods and you now have received a Notice of Infringement from Amazon and notice that your listing will be taken down (or is already taken down!). Your account may even be downgraded.

Fighting back is the key. If you list goods using a trademark that is exactly the same as someone else’ trademark, you need to show that you are selling authentic goods. But if you are selling a different goods, then using a trademark that is similar to someone else’s may not be an issue at all. “Nike” is a trademark for clothing and sporting goods, but if you sell “Nike” kitchen cooking wares, it might not be a problem after all.

Then there is the “very similar” trademark. This  requires some more reasoning with Amazon concerning what difference exists between your trademark and that of the complainant’s as well as the difference between your goods. These are contested areas and legal counsel will expedite the process as well as heightening your chance of success.

E-commerce is now more important than ever before. When selling on an online sale platform like Amazon, you need the intellectual property knowledge that will keep your business yours. Protecting your trademark is only one facet of the issue, defending take down notices is another. Know the rules and be proactive, your brand will flourish.

For more information on AMAZON TRADEMARK TAKEDOWN NOTICES, contact Premium IP Services, P.C. at www.preips.com, [email protected], or +1 619-889-2990.