How to Defend Your Amazon Brand from Infringement and Win It Back

Introduction

It can be incredibly frustrating to discover that a brand has been stolen on Amazon. Stolen can look like similarities in logos, unauthorized use of photos, copied product descriptions, or even entire listings copied and pasted. The experience is disheartening, especially after the hard work put into building a business. However, there are clear steps that can be taken to reclaim control and protect the brand's identity. With the right actions, this issue can be addressed effectively. This article will outline the step-by-step procedures to regain ownership of the brand and secure it from future infringements.

Amazon Brand Registry and Trademark

If your brand has been stolen on Amazon and you have both a registered trademark and Amazon Brand Registry, follow this step-by-step plan to regain control:

1. Gather Evidence

It is important to collect documentation showing your ownership of the brand, including your trademark registration certificate and proof of usage. Take screenshots of the infringing listings, showing the unauthorized use of your brand name, logos, or product images. It is also good to note the ASINs, seller names, and any other relevant details.

2. File an Infringement Complaint with Amazon

Go to Amazon's “Report a Violation” page through your Brand Registry account. Select the “Intellectual Property Violation” option and submit a claim. Provide all necessary information, including your trademark registration number, evidence of infringement, and how the listing violates your IP. Amazon’s team will take action to initiate a takedown of infringing listings, suspend the offending seller's account, or issue warnings depending on the severity of the violation. There could even be a chance of compensation in certain cases. According to Amazon’s 2023 Brand Protection Report, “ In 2023, we identified, seized, and appropriately disposed of more than 7 million counterfeit products worldwide, preventing them from harming customers or being resold elsewhere in the retail supply chain”.

3. Send a Cease and Desist Letter

Draft a formal cease and desist letter or have a legal professional do so, informing the infringing seller of your ownership and demanding they stop using your brand. Make sure to include a clear deadline for their response or action. It would be best to send it through Amazon's messaging system and via email if possible.

4. Monitor and Escalate the Issue

Regularly check the status of your complaint on Amazon's platform. If Amazon doesn't take action quickly, escalate the issue by contacting Amazon Brand Registry support directly via email or phone.

5. Consider Legal Action

If Amazon's response is slow or the infringement continues, consider involving an attorney who specializes in intellectual property or e-commerce law. They may advise on sending legal notices or filing a lawsuit for trademark infringement.

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Trademark but no Amazon Brand Registry

If your brand is stolen on Amazon and you have a registered trademark but no Amazon Brand Registry, here’s a step-by-step plan to take control of your brand:

1. Collect Evidence

Gather key evidence, such as your trademark certificate, proof of usage of the brand, and details of the infringement (screenshots of listings, seller info, etc.). Make note of ASINs, seller names, and the exact violations.

2. Contact the Infringing Seller Directly

Use Amazon’s messaging system to send the infringing seller a cease and desist letter. Politely but firmly explain your legal rights as the brand owner and request they immediately stop using your brand name and logo. Include your trademark registration details to back up your claim.

3. Report the Infringement to Amazon

Use Amazon’s Report Infringement form (available even without Brand Registry). File a complaint under the “Intellectual Property Violation” section. Include all relevant details: your trademark registration number, evidence of infringement, and details on how your brand is being misused.

4. Apply for Amazon Brand Registry

Even though you currently don’t have Brand Registry, now would be a good time to apply if you meet the eligibility requirements. Having Brand Registry gives you more control over your brand’s listings and better tools to deal with infringement faster. Brands using Amazon Brand Registry see a 99% success rate in removing identified infringements and counterfeits.?

5. Seek Legal Action if Necessary

If Amazon doesn’t resolve the issue promptly or if the seller refuses to comply, consider hiring an intellectual property lawyer. L<egal experts can help you escalate the matter through additional cease and desist letters or formal lawsuits.

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No Trademark or Amazon Brand Registry

If someone has stolen your brand on Amazon, and you don’t have a registered trademark or Amazon Brand Registry, it can be more challenging to take immediate action, but here’s a step-by-step guide to address the situation:

1. Document the Infringement

Take detailed screenshots of the listings, including product titles, descriptions, and any misuse of your brand name or logo. Collect the infringing seller’s details (seller name, product ASINs, and listing URLs) for your records. Keep evidence of your ownership of the brand, such as invoices, emails, or marketing materials that show your long-term use of the brand name.

2. Contact the Infringing Seller

Reach out to the seller directly through Amazon’s messaging system. Politely ask them to cease using your brand name and explain that you believe this violates intellectual property rules. Even though you do not have a trademark, emphasize your ownership and previous use of the brand.

3. Report to Amazon

Go to Amazon’s Report Infringement page to file a complaint. Although lacking a trademark or Brand Registry complicates this, you can still report the misuse under “Potential Trademark Misuse” or “Listing Violations.” Provide all the evidence you’ve collected to show that you own the brand.

4. Apply for a Trademark and Apply for Amazon Brand Registry

EXPANDO offers a full service trademark registration which includes important items such as a free lawyer’s check, an expedited process and ongoing monitoring. Our end to end solution avoids the worries of missing a critical step or reliance on people who won’t understand your trademark and Amazon needs. To learn more about our trademark services or to schedule a free lawyer consultation. Let us help your brand stay safe and apply now!