IP Complaints Appeals & Trademark Registration
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How to Handle Amazon Intellectual Property Complaints and Temporary Restraining Orders.
- 1. If you get a notice of an intellectual property rights infringement (copyright, patent or trademark infringement) it is something you must take seriously.
- 2. In cases of intellectual property complaints, your listing may be removed or your account suspended without being given an opportunity to defend yourself.
3. This is something you should not try to handle without professional help. Amazon intellectual property infringement appeals range from Amazon copyright infringement complaints over copyrighted images or text, to Amazon trademark infringement or counterfeit complaints to patent infringement claims, any of which can result in listing removals and suspended Amazon seller accounts. Amazon will expect you to try to obtain a retraction of the complaint from the rights owner, and to file a very specific plan of action which explains what you have done to resolve the complaint and the steps you have taken to ensure you will not receive such complaints in the future.
- 4. Many brands are now suing Amazon sellers in federal court for these offenses, and freezing their sales proceeds with a temporary restraining order (TRO). In these cases, Amazon will not release your funds until the case is settled or decided, which means you need an Amazon lawyer on your side to settle the case or you will be faced with enormous costs defending the case. Copyright, patent and trademark violations are serious and can not only result in losing your Amazon selling privileges, but also have federal law implications that can cause you to suffer loss of your product inventory and damages. Let's find out what we can do together to protect you from this.
How to Get Your Brand into Amazon's Brand Registry
- 1. To register your brand in Amazon's Brand Registry, you first need to register your brand name or logo and brand name as a trademark./span>
- 2. If you wish to register your brand on Amazon.com, your trademark must be registered with the United States Patent and Trademark Office (USPTO). This requires a thorough search to make sure nobody else is using a similar trademark, and responses to the trademark examiner; something that usually requires the services of an attorney well versed in trademark law.
3. If you are outside the United States, this is something you cannot do without the representation of a US licensed attorney. Our Amazon lawyer can help you register your brand with the USPTO so you can join Amazon's Brand Registry.
- 4. After filing your trademark application, you can then apply to the Amazon Brand Registry and receive brand protection on Amazon's marketplace right away.
Trademark Registration and Amazon Brand Registry Service
Many people ask about Amazon brand gating. While this was possible early on, only large brands are gated now by Amazon. However, smaller brands can get protection and also enhanced brand content on their listings by enrolling in the Amazon Brand Registry. To get your brand protected on Amazon's Brand Registry, you must have a registered trademark. If you are not in the United States, a U.S. trademark attorney is required. If you are in the United States, a U.S. trademark attorney is highly recommended. Our Amazon attorney provides all these for one low fixed fee:
After such a quote from the official page of the “United States Patent and Trademark office”, we have no other choice but to give you a clear guidance on the process of your trademark registration.
What is a trademark?
A trademark contains you brand name, slogans and logos, which allow to identify a specific product or group of products, OR services. A registered trademark is an asset of your business. With its help, you can not only clear the market of counterfeits or prohibit the import of counterfeit goods, but also use it as a springboard for the development and expansion of your business by transferring rights through franchises and licenses.
Visually, it looks like a text or graphic object applied to products, packaging, or used for advertising purposes. However, just the fact of placing a beautiful and memorable sign is not enough to protect it from illegal use by competitors. To do this, you need to issue a certificate for the trademark in the USPTO (United States Patent and Trademark office).
Trademark registration protects intellectual property of your business.
How do you register a trademark (TM registry application)?
Amazon Report Infringement
A lot of competitive sellers will do just about anything to knock you out of competition if they feel you have become a threat to them. These include making false complaints to Amazon that you have violated their brand, trademark or copyright. Amazon will not act as an arbitrator or judge in these cases.
We can help you put procedures into place to protect your brand and intellectual property from unscrupulous sellers and protect against infringement claims before any suspension of your selling account as a preventative measure.
We can also help you protect your brand and listing from counterfeiters on Amazon. Our infringement reporting service for brands includes cease and desist attorney letters, IP complaints through Amazon's internal infringement reporting system, and an attorney letter to Amazon's legal department.
Copyright, Trademark and Patent Registration
Protect your Amazon brand from hijackers and ruthless competitors by registering your copyrights, trademarks and trade names and design or utility patent registration. Qualify for Amazon's brand registry. We have a full service intellectual property law firm who handles copyright, patent and trademark registration. If you need an Amazon Intellectual Property Lawyer call now. Our fees for patent and trademark registration are competitive and fixed.
Amazon IP Lawyers
An Amazon IP Lawyer experienced in IP law for Amazon sellers can help you resolve intellectual property claims or fight them if necessary. We personally contact rights owners to request them to withdraw their Amazon intellectual property claims and work with you to structure your listings to prevent further violations. We can draft your intellectual property rights infringement appeal to Amazon that you have put proper procedures in place to avoid future violations. We charge a fixed fee of $1750 for dealing with infringement cases, and they include negotiation with the rights holder complainant for a retraction or withdrawal of the complaint and research and legal argument in an appeal to Amazon's legal department.