We recently encountered a case regarding a trademark complaint received by one of our clients.
The client was very business savvy and only offered products that they owned trademarks for.
The trademark complaint stemmed from their use of a trademarked word on their listing page.
When creating or joining a listing page, a seller must be extremely careful and check to be sure that the listing does not contain any trademarked words as they can be flagged or have a complaint filed by the rights owner of that word.
Luckily, we were able to help the client get a retraction from the complainant and all it took was an appeal to the Amazon notice-dispute team.
When writing an appeal, it is important to remember that a plan of action has three parts: the Root Cause, Immediate Remedy, & Systemic Changes to Your Business.
The root cause is the portion of your appeal where a seller states the reason for suspension. Amazon really wants the seller to take ownership of the issue and elaborate.
The immediate remedy is what the seller has immediately done to rectify the situation; it directly addresses the issues outlined in the root cause. A seller needs to identify what they already did to remedy the Amazon complaint.
The systemic changes to your business section outlines the long term changes being made to prevent the issue from recurring in the future. In this section, sellers need to show Amazon that they have improved their business practices and have taken measures to ensure that they will remain compliant in the future.
In our appeal, we identified that the reason for the suspension was that we had used a trademarked word. We explained to Amazon that our client had removed the trademarked word on listing. We further explained that our client only sold and offered their own branded products, and that they received a retraction from the complainant.
Amazon reinstated the account and now our client’s listing is back up and running.
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