Recently, many sellers have reported to us that the brand registration was unsuccessful, and there was a "brand abuse" behavior. Brand filing is brand registration, which is an important part of cross-border platform store operations. If there is no brand registration on Amazon, consumers may think that the product is a three-none product. What behaviors lead to "brand abuse"? Where to check first? and how to avoid this problem?
1. What causes "brand abuse"?
Cross-border platforms have recently tightened brand registration, and many sellers have encountered "brand abuse" during brand registration and authorization, mainly in the following six situations:
1) The trademark registration process is filled incorrectly or is not compliant;
2) The trademark is under the personal name, not under the name of the company behind the Amazon store;
3) The brand has been filed, and there are some violations in the store;
4) The brand has authorized more than 5 stores, or even 7;
5) There is an abnormality in the store (such as infringement, fraud, second instance, etc.);
6) The brand initiates a large number of infringement complaints, and a large number of complaints fail, resulting in the judgment of abuse.
In addition, if the brand belongs to the trademark that was previously revealed to be invalidated by 1.5W, the re-filing will also prompt brand abuse. It is understood that these withdrawn brands and stores have been included in the "blacklist". In short, solve the problem first, and then consider the appeal last.
2. How to check the seller? How to avoid it?
First, first check the store performance notice to check whether the account has violations such as infringement. Specifically, look at two places: account status rating, performance notification.
Second, check whether other sites under the same entity have violations, and the seller must ensure that all sites are selling normally.
Third, there is no problem after the inspection. If the seller believes that the store has not abused, he can try to appeal. (explained below)
So for novice sellers who have not done brand registration, how to avoid it?
1) Ensure the standardization in the process of trademark registration; trademark registration lawyers must have a license, and the trademark images that need to be provided must be true and not PS;
2) It is suggested that the trademark should be under the name of the company in the backstage of the Amazon store, and the spelling of the holder and the company name in the backstage of the store should be consistent;
3) A store should try to use one brand alone to reduce authorization;
4) When purchasing a trademark, ask whether there has been a record.
3. The store has no "abuse" behavior, and further attempts to appeal
The common way to deal with brand abuse is to change the store for filing. If the store is not abusive but it is determined, the seller can try to appeal. Generally, to open an English case to obtain an email for the appeal entry, prepare the following materials:
1) Self-owned brands need to provide trademark registration number and trademark certificate;
2) For brands authorized by brand agents, a trademark authorization letter must also be provided;
3) Product pictures and packaging pictures, which need to clearly show the real photos of the logo;
4) Business license, purchase VAT invoice, legal person information, etc.
The seller scans and organizes the above information into a PDF file, uploads it to the background for appeal, and usually produces the result in about 2 weeks.
Brand registration allows sellers to enjoy brand-related rights such as anti-hig-selling, A+ page editing rights, and brand flagship store creation. Without brand protection, both store accounts and product sales may suffer. But in order to obtain brand registration and avoid brand abuse, having a formal and high-quality trademark is very important.
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Finally, sellers without registered trademarks are advised to register as soon as possible and carry out brand filing to standardize the use of brands and avoid risks to the store.