Q: We have applied for a trademark in May of 2023. Is there a way to keep others on amazon and their sellers from using it
We do not and have never sold on Amazon. We now have people coming to us complaining about our "Pinch Perfect" crafting products not living up to expectations that they purchased on Amazon. There are currently 4 pages of listings using our brand in their listings and Amazon even has a PPC of $1-2 using our brand. How can we stop this until our registration is complete? We spend $4-6K a months building our brand and Chinese Amazon sellers are using it to sell their cheap junk.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In your situation with the unauthorized use of your "Pinch Perfect" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds to challenge the unauthorized use of your brand name.
First, you should contact Amazon directly. Amazon has a process for handling trademark infringement, which includes filing a complaint through their Brand Registry program. This program is designed to protect registered trademarks, but given that your application is pending, it's worth communicating with Amazon to see if they can take any action based on your filed application and the evidence of your brand's use and recognition in the market.
In addition, it may be beneficial to send a cease and desist letter to the sellers who are infringing on your brand. This letter should state your trademark application, the unauthorized use of your brand, and demand that they stop using your trademark immediately.
Lastly, consider consulting with an attorney who has experience in intellectual property law. They can provide guidance on the best course of action and can assist in legal proceedings if necessary. Protecting your brand is crucial, especially when significant resources have been invested in its development.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
