Trademark Lawyer for Amazon Infringement Notices and Appeals

A trademark is a type of intellectual property that protects a design, expression, or sign that identifies the products or services of a business. If a business has a registered trademark, other businesses or people are prohibited from using your trademark without your permission. Infringement need not be intentional – many, maybe even most cases of trademark infringement are unintentional. If you are an Amazon seller and have received a trademark infringement notice, a trademark lawyer from ESQgo®, PC can help you navigate the appeal process.

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Why Should Trademark Protection Matter to Amazon Sellers?

The concept of getting a trademark may be a new one to Amazon Sellers, but it is an age-old concept in the world of business and commerce. The trademark system was established to encourage fair competition by distinguishing products and their sources for the benefit and protection of both the seller and their customers.

But some competitors simply won’t play fair, and you’ll hear quite a number of horror stories about Amazon Sellers who lose their business overnight because of unfair business practices from competitors. The saddest part about this is knowing that these issues could have been easily prevented had there been legal protections set in place from the start with the help of a trademark lawyer with experience handling Amazon claims.

One of the most basic protections you should get for your Amazon business is getting yourself on the Brand Registry. Being on the Brand Registry allows you to “unlock” special features such as:

protecting your brand against hijackers and unauthorized sellers;
stopping the sale of counterfeit products;
preventing competitors from maliciously changing your products listing title, bullet points, and images;
providing you exclusive tools to better promote your brand and products; and
disclosing valuable data, such as relevant keyword data, that helps you increase sales velocity.

To enroll in the Brand Registry, Amazon requires a trademark registration because, among other reasons, a trademark registration means that the law presumes that the owner of the registration is the owner of the trademark itself and that the trademark is valid.

A registration helps Amazon to weed out people who otherwise may not have a protectable trademark and allows Amazon to focus on the sellers who are more serious about their brands.

But other than getting on the brand registry, which is more than enough reason to seriously consider getting your trademark registered, there are other benefits to owning the trademark rights to your brand.

Registered trademarks are intangible assets that can be assigned or sold even if you don’t have any inventory of physical products. If for whatever reason, your Amazon business doesn’t work out, you can get a good amount of money from selling your trademark when you exit.

Moreover, acquiring a registered trademark is probably the easiest way to increase the value of your brand and business. An investor will pay more for your business over a similar business which doesn’t have a trademark. Additionally, having your own trademark can help protect you against infringement claims.

Amazon Trademark Infringements Are Serious

When you infringe on someone else’s trademark, Amazon can remove the item in question from your store or even suspend your account entirely. As a result, you need to take any notice concerning trademark infringement seriously. Ignoring the notice or putting it off to deal with at a later time will not solve the issue, and in fact, may only make things worse.

You Need to Contact a Trademark Lawyer if You Receive an Amazon Trademark Infringement Notice

There are two ways that you may receive a trademark infringement notice:

The notice may come from the party claiming that you are infringing their trademark or from their attorney.
The notice may come directly from Amazon.

If you are contacted by another party, the notice may simply be a letter claiming that you are infringing on their trademark and demanding that you stop using the logo or mark in question. Often, they have not yet filed their claim with Amazon and so there may not be an issue with your account or the particular item. These letters should be seen as a warning before action is taken, and we recommend speaking with an trademark lawyer for guidance as soon as possible to ensure a prompt resolution. Our team will review the claim and determine the appropriate course of action to protect your business.

Appealing a Trademark Infringement Claim with Amazon

If your notice came directly from Amazon, then your only option may be to file an appeal. They may demand that you stop selling the item in question, or they may simply remove the item from your store or even suspend your account. Amazon can hold any sales proceeds not yet paid to you until the issue is resolved. The bottom line is that an infringement claim can quickly destroy your business.

As mentioned above, you cannot ignore any notice you receive that you have infringed on someone’s trademark. Equally important, you need to submit an appeal that is clear, thorough, and well-reasoned. Our trademark attorneys often see business owners who panic and submit an appeal that essentially boils down to saying nothing more than they are not infringing on anyone’s trademark. You need to carefully document how and why your trademark does not infringe on the other party’s trademark. A sufficient letter requires knowledge of what constitutes trademark infringement and the ability to craft a persuasive argument as to why you should be able to resume business.