How Does A Brand Report Trademark Infringement On Amazon?

Steps for Reporting Trademark Infringement

Access the Amazon Intellectual Property Report Form: Begin by navigating to the “Report Infringement” page on Amazon’s website, where you can find the infringement form needed to file your report.

Complete the Report Form: You will need to provide detailed information about the infringement, including your trademark registration number and evidence such as images of the infringing product. Describe how the product infringes on your trademark clearly and concisely.

Submit the Report: After filling out the form, submit it to Amazon for review. Ensure all information is accurate and complete to avoid delays.

Await Amazon’s Response: Amazon will assess your claim and, if the infringement is verified, take appropriate actions such as removing the infringing listings. They will communicate the outcome, and you should monitor the situation and follow up if necessary.

Considering Legal Assistance

While you can report infringement directly, engaging our firm or another trademark attorney can enhance the process. A trademark attorney can help by:

  • Assessing the trademark infringement claim to ensure it is valid and well-documented.
  • Advising on the likelihood of success in different scenarios and the potential need for further legal action.
  • Drafting a detailed and effective complaint that addresses all legal points.

Direct Action Against Infringers

Sending a cease and desist letter to the infringing seller is another proactive step. This letter should clearly state the trademark infringement issue, outline why it is unlawful, and demand that the infringer cease their actions and remove all infringing products. This letter acts not only as a formal request to stop illegal activity but also signals your resolve to protect your intellectual property rights.

Amazon’s Notice of Retraction Form

If you have mistakenly reported a product and need to retract your claim, Amazon provides a Notice of Retraction Form. This form allows you to formally withdraw your complaint, necessary when a takedown notice was issued in error. It is crucial to be absolutely sure of the non-infringing nature of the product before retracting a complaint to avoid compromising your trademark protection.

Should I Obtain A Trademark Registration Before Selling on Amazon?

Yes, obtaining a federal trademark registration is advisable before selling goods on Amazon, especially if you wish to enroll in the Amazon Brand Registry, which offers enhanced tools for protecting your brand on the platform. A federal trademark provides legal protection across the entire U.S., serves as evidence of ownership, and facilitates enforcement actions including lawsuits for damages.

In conclusion, actively monitoring your trademark on Amazon and understanding how to address infringement effectively are critical for maintaining the integrity and value of your brand. If you are unsure about any step in this process or need strategic advice, consulting with a trademark attorney is recommended.

Contact Our Charleston Trademark Attorneys

Are you launching a new company or developing a new brand or product and need to clear and/or register a trademark? Are you an online seller enrolling in a brand registry program, such as Amazon Brand Registry? Are you looking for help with another state or federal trademark matter? We can assist! We invite you to contact our law firm by giving us a call or completing our online contact form.  We make every effort to respond to all inquiries within one business day.

Share This Story, Choose Your Platform!