Amazon Sellers and merchants need to follow effective marketing strategies to boost their product sales through proper Amazon listing optimization services. However, they must adhere to certain e-commerce guidelines and trademark laws while formulating their strategies. Using Amazon SEO Services, you can use an online marketplace that enables sellers to list and display their products to a worldwide audience. Some Amazon sellers have an established brand and manufacture their own products while some procure them from the vendors. These brands have their name and logo on the product that is protected by a Trademark Law. Trademark Law protects a brand’s identity such as words, symbols, and designs. If someone illegally uses these protected identities (i.e. without permission), it’s called trademark infringement.
Amazon Trademark Infringement Claims
Using good techniques of Amazon SEO Services, Sellers comply with the intellectual property laws that include trademark and copyright ownership. Amazon provides third-party sellers with adequate measures to overcome the issues related to trademark or copyright infringement. Below are some typical examples of trademark infringement acts under Amazon’s policy:
Unlawful Use of Brand Identity
The unauthorized use of someone’s brand name or using a similar name to sell products/services is a Trademark Infringement. Amazon deems an act as a trademark infringement under two circumstances:
- Another seller is selling a false copy of your goods
It is the most common scenario when a seller lists counterfeit products on Amazon to unethically sell false copies of a brand. In such cases, buyers get confused and it causes a situation which is known as “the likelihood of confusion.”
- Seller is directly using your brand name without permission
It happens when another seller lists the same product after purchasing from a brand. In both scenarios, the seller can file a complaint on Amazon using an online form.
- Log onto https://www.amazon.com/report/infringement
- Fill in the details as asked in the form
- Try to include as much information as possible for quick resolution
- Submit the form once you have filled all the details
How To Deal With A False Infringement Accusation?
Despite following the guidelines by Amazon you can face a situation where a seller has reported any of your products for infringement. You can receive a notice from Amazon on behalf of the complainant. To handle such situations, you should first remove the concerned product from your listing to prevent escalation of the issue. Here is a to-do list to tackle the situation of infringement accusation:
- Take heed of the situation and contact the complainant
- Explain your point in detail for the use of the trademark
- Show proof of not committing the infringement
- Request for account restoration
How To Avoid Committing Trademark Infringement?
Taking precautionary measures from the start can save you from unknowingly infringing a trademark. Adhere to the following guidelines to avoid any legal battle due to trademark infringements.
Avoid Being A Hijacker
Hijacking a product listing means to create its counterfeit copies using low-quality materials and sell them online. It is an illegal act of infringement and a clear violation of trademark policies. Before listing, search for products that are patented or branded and not available directly for sellers. Use different patent search/inquiry sites like Google Patent Search Engine, Search by Image to know about different products. In case, there is still any doubt, approach the manufacturer or supplier for trademark information.
Deal With Trusted Suppliers
Join hands with a reliable supplier or vendor to run a clean business on Amazon. Conduct a thorough check on the supplier before moving into any kind of contract. Read reviews, search about them on Google, ask your peers to get an idea about the supplier.
Do Not Use Copyrighted Content
Do not link your product directly with a brand name. For example, if you are selling phone cases for a Samsung Galaxy smartphone, avoid writing ‘Samsung Galaxy Phone Case.’ By relating your product directly with a brand name, you are infringing on their trademark. You may use words like, ‘compatible with’ or ‘suitable for’ to sell your phone cases on Amazon.
Enroll in Amazon Brand Registry
Protect your brand name on Amazon with its brand registry program that takes care of your product listings. The Amazon brand registry appears as a registered trademark on your products or packaging. If sellers enroll in this program, it enables them to gain a customer’s trust, enhance brand content, and improve efficiency.
Choose Oodles’ Amazon Consulting Services for Your Business
We have an in-house team to provide all-round services for Amazon business. From Amazon consulting to Amazon SEO audit and Amazon product listing optimization, we cover every service area to deliver tangible results. Explore our Amazon marketing services and connect with us to start your Amazon venture.