Brand removals are frequent! New trademark protection cases may affect 3C category sellers

Brand removals are frequent! New trademark protection cases may affect 3C category sellers
“The stronger the wind, the more expensive the fish.”


 
Recently, various problems have occurred frequently, and sellers seem to be in the spotlight. Problems such as supply chain video verification and Amazon front-end revision have come one after another. Some sellers have said that the wind is so strong that they are about to blow them ashore before they have even caught the fish.
 
It can be said that one wave has not yet settled, another wave has risen. Recently, many sellers have received Amazon brand removal emails without warning. In addition, a new trademark protection case has recently been added, which may affect sellers operating 3C products.
 
Amazon brand removals frequently occurred in August
 
Brand removal is not new, but it is a headache for sellers, like a soft knife. Brand removal due to brand abuse happens every year, but it seems to have reached a peak this year.
 
It was learned that in late August, a large number of sellers received brand removal email notifications. After investigation, some of these sellers received abuse prompts and were determined to be brand abuse.
 
Some common reasons for brand abuse include : filing complaints about brand violations; infringement, fraud and other violations in stores that have not been dealt with; too many brand-authorized stores; trademark failures; trademark anomalies in the Trademark Office; attorneys being blacklisted by the Trademark Office, etc.
 
 
There are currently three more common methods for appealing removals due to brand abuse:
 
1. Make an appeal through the appeal link.
 
Sellers need to follow the requirements in the complaint link and submit trademark acceptance notice, trademark certificate, purchase contract, purchase VAT invoice, business license and other materials.
 
However, according to feedback from most sellers, the success rate of appealing through the appeal link is extremely low . Many sellers are rejected immediately. After appealing countless times, they can only give up helplessly.
 
2. Send an email to your brother-in-law and submit the authorization letter.
 
At present, there are quite a few sellers who have filed complaints using this method. However, one seller revealed that this method was effective last year and had a very high approval rate, but this year, perhaps due to a sudden increase in the number of people using this method, the approval rate has now become very low. Another seller said that the successful appeal through the brother-in-law's email was removed a few days later, and the specific reason is still unclear.
 
3. Find the Transparency Program Manager and other relevant persons to file an internal complaint.
 
According to feedback from sellers, the approval rate of this appeal method is acceptable, but the channel is difficult to find.
 
However, it is worth noting that some sellers, after checking the possible reasons for brand abuse, found that they did not meet any of the points. Now there is no better way except to appeal through the appeal link.
 
In addition, sellers who have successfully abused complaints before are now at risk of receiving abuse notifications again . According to industry insiders, this situation is likely due to problems with the US attorneys .
 
Amazon's official blacklist is still unknown, but a blacklist of lawyers circulated online has been widely circulated among sellers. It is understood that the number of lawyers on this blacklist is more than 50. After comparing, some sellers found that some of the lawyers on the list were indeed problematic. However, some sellers passed the filing after using the lawyers on the list.
 
The lawyer blacklist circulated on the Internet
 
Therefore, if sellers find that their attorneys appear on the list, they do not need to panic. They can first check the attorney's background on the US Trademark Office website . If there is no problem of brand removal, it is best not to perform authorization, filing, or follow-up sales in the near future .
 
On the other hand, there are many reasons why a brand is removed. Lawyers are not the decisive factor, but the appeal will be strictly controlled. If there is a problem with the lawyer, he needs to be replaced in advance, otherwise the appeal will most likely not be approved.
 
In addition to lawyer issues, sellers also need to check their stores as soon as possible to see if there are any violations and make preparations in advance.
 
New trademark protection cases may affect 3C category sellers
 
It is learned that on August 18 this year, a new trademark protection case was filed in Florida. It is understood that the trademark involved in the case is "SUGIFT", the logo consists of the word SUGIFT in stylized fonts, and the registration date is August 15, 2017.
 
Image from Justia
 
The trademark covers many products, such as 3C accessories such as mobile phone cases, computer peripherals, earphones and headphones, power adapters, battery chargers, etc.; and some wearable devices such as smart watches, wearable activity trackers, wearable computer peripherals, wearable computers, etc.
 
Infringement disputes are no small matter. Sellers need to be vigilant and self-check whether their business categories involve the trademark in the case to avoid infringement risks and losses.
 
Related case entries
 
As the peak season approaches, the storm is getting stronger. As more and more common words are registered as trademarks, sellers should always be vigilant and do a good job of keyword screening to avoid pitfalls.
 
Regarding brand removal and trademark infringement, sellers are welcome to leave comments in the comment area to discuss and share their experiences~



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