According to the observation of Taobo Supply Chain, an overseas warehouse service provider in the United States, some sellers are friends who are opening stores on the Amazon platform for the first time, so they do not understand everything, and they need to spend more time to understand the rules of the platform. Operational gameplay, today let's learn what the Amazon patent infringement complaint process is!
1. Determine the type of Amazon infringement
If the "Patent Number" at the end of the email is patent infringement, we can make an accurate inquiry in the Trademark and Patent Office to further identify whether it is an appearance, invention or utility type infringement.
If the received email contains the "Trademark Number" trademark number, which is trademark infringement, you can check the trademark name, logo, registrant, registration time and other detailed information in the Trademark and Patent Office.
First of all, don’t think that you must be infringing just because the other party says that you are infringing. Today’s shopping malls are like battlefields, and there are many malicious competitors who will maliciously complain!
You have to have an analysis and re-examine your own products to see if your listings are infringing.
If there is an infringement reason in the complaint email, for example, it has been informed that the other party's trademark right is infringed, the trademark name of the other party is XXX, and the registration number of the other party's trademark is XXXX, you can directly go to the official website of the Trademark Office to check whether the trademark actually exists. Whether the registered trademark category of the other party conforms to the product category being complained about, if the other party uses a 25-type (clothing) trademark to complain about the electronic products you sell, it is not established, and the trademark is protected by classification. If the other party uses a Chinese trademark to complain about your sales on Amazon's US site, it is also invalid, and the trademark is protected regionally.
If the complaint email does not mention the specific reasons for the infringement, then you can also make a preliminary judgment on your own to see whether you are actually infringing. First, do the listing descriptions contain other people's trademarks? Do the product trademarks and words on the pictures contain other people's trademarks? Second, if the product picture is downloaded from the Internet, does the picture infringe copyright? In addition, does the product have inventions and appearances Patent Protection?
For trademarks, patents and copyrights, you can click "Detailed Explanation of the Process of Inquiry about Trademarks, Patents and Copyrights in China, the United States and Europe" for study and inquiry.
2. Write a complaint email
First, check whether other products in the store have similar infringements, and remove the allegedly infringing products from the shelves;
Then, it is best to find an experienced person to help you write the appeal email. If you write it yourself, you can send the completed appeal email to a friend and ask him if he can understand the content of the email. This is very important. If the review team doesn't understand what you're writing, will they give it to you?
Then, it is recommended to contact the complainant, sincerely admit his mistake to the other party, express that he is unintentional, tell the other party that he has removed the product from the shelves, and promise that there will be no further infringement. This content can be cc'd to Amazon's mailbox.
At this time, you need to write your plan clearly, explain in as much detail as possible what methods and means you will use to avoid the re-infringement of the store's products, and do not use words that shirk responsibility when explaining the infringement.
After writing the appeal email, attach the purchase certificate, invoice, receipt and other materials, which will help you to appeal to a certain extent.
When reflecting on mistakes in the content of the email, you must express the lessons you have learned from it, reflect sincerely, have a good attitude, and finally express your urgency to receive a reply.
Taobo Supply Chain focuses on cross-border e-commerce services, providing services such as large-scale delivery, light and small delivery, silicone doll delivery, scooter delivery and other services in overseas warehouses in the United States. For more details, please visit Taobo Supply Chain Official website.