Cleveland, OH asked in Trademark and Intellectual Property for Ohio

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.

1 Lawyer Answer
James L. Arrasmith
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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.

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