How much do you know about brand abuse?
Amazon cross-border sellers have a headache with brand misuse, as brand filings or authorizations are denied and many brands are removed, why? Many sellers have been convicted of brand abuse. How should sellers deal with this problem? The Green Circle is here with the goods!
There are two common scenarios:
(1) When filing a new application for a brand, the account is alerted to the fact that it has been involved in abusive behavior and is rejected for filing.
(2) Notification of misuse of an existing filed brand, resulting in the brand being canceled outright.
What led to the conviction for misbranding?
Green circle small pass in the hot forum to see, many sellers because of brand abuse was removed, filing probably authorization is not established, claim rights road is long, months, or even more than half a year can be successful.
Most common violations/actions
1. Whether the store has a violation, due to the relationship or the rest of the violation is recorded, including the rest of the station with the same set of information. Even if there is a violation, such as fraud, infringement, ordering, etc., and not immediately dealt with, Amazon is likely to rule the brand as brand abuse.
2. Newly applied stores have more than five or more trademark filings or white lists, the store is likely to be suspected by Amazon of violating the effectiveness of the brand filing. Sellers please control the number of authorizations to stop illegal operation.
3. If the trademark is not filed by the applicant but is bought from someone else, and if the trademark has been filed before or there has been a violation of the law, in this case, ask the seller to inquire about the specific situation. Even if there are a lot of complaints against the brand and they are often unsuccessful, it may be judged as brand abuse.
Brand Abuse - Recommendations
The first step is to check the performance notifications of the filed stores to see if there are any infringements, frauds, and other violations that have not been addressed.
The second step is to check whether there are any irregularities in other sites registered by the same entity, and to confirm that all sites are selling normally.
The third step is whether the brand is licensed to a number of other stores.
Step 4: If all the above three points are confirmed to be in order, you may lodge a complaint.
Complaint link: https://amazonbrsap.qualtrics.com/jfe/form/SV_9oSEMI2yjoGLojA
The complaint provides the following information:
1, to the United States, for example: own brand, then provide trademark acceptance notice, trademark certificate. If the trademark owner and Amazon stores are not the same, then provide trademark license.
(Notification of Trademark Acceptance)
(Trademark certificate)
2, their own brand official website sales links, etc., this in dealing with the problem of abuse, the effect is good.
For example, the official website of FLYCO, https://www.flyco.com/en/.
3, product images and packaging images, can clearly show the logo of the trademark of the actual photo.
4. Genuine VAT invoices for purchases, etc. (Copies of any recent sales/purchase/manufacturing invoices within the last 6 months which include one or more of the above product names.
If the trademark and store are the same company, that is, the purchase invoice header is the company, if not consistent, you can try to use the store's company (note in the note trademark of the company), the project has written to your products and brand name)
5. Proof of production, e.g. contract or supply agreement with the supplier, which should reflect the brand name.
6. Own store business license
7. Screenshot of your own store
Remarks:
1、Amazon's brand platform is connected to the USPTO Trademark Office, so Amazon will follow up together, after the TM mark re-registration, you need to wait for a period of time to let the Trademark Office or Amazon update the status, and then go to apply for filing, so that you can only be successful.
2, provide complaint information value-added tax invoices and the supply of customized logo products, and the previous trademark R mark certificate, and now the TM mark acceptance of the return are carried out to provide information does not correspond to the case, the brand authorization is also attached. Not necessarily one or two times will be successful, but you can try many times, really can not, according to the first article and so on, because at present also still in the wind, Amazon that side may not be updated so quickly.
If you are experiencing brand misuse, you can seek help from the Green Circle to solve your problems.
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