How do I stop others from listing on my brand, but not selling my brand?
I went through all the hoops to file my brand with the USPTO and get the brand approved by Amazon, and give myself exclusive rights to sell it, but these other people who listed using my brand listing are still selling under my listing and Amazon won't do anything about it.
What's the point of having a brand? I was under the impression that you could limit who could 'sell your brand' -- not that these people ARE selling my brand, they are just shirt-tailing off my listing. I can't report them as counterfeit, because I'm sure if I ordered their products, I would NOT GET anything resembling my brand, so they aren't counterfeiting, they are just misrepresenting what they are selling? (and there are about ten of them, so I'd have to order from ALL OF THEM, and most get reviews of 'product did not arrive')
How do I stop this? I have contacted Amazon NUMEROUS TIMES, with every form I can find, and all I get is form letters and zero action. Amazon will do nothing.
I'm sure if I tried listing my products under PARK SEEDS listing, I'd get slapped right down. Amazon says they want to help build our brands, but they do NOTHING help us protect them.
How can I get my brand back from these hijackers? Any ideas?
How do I stop others from listing on my brand, but not selling my brand?
I went through all the hoops to file my brand with the USPTO and get the brand approved by Amazon, and give myself exclusive rights to sell it, but these other people who listed using my brand listing are still selling under my listing and Amazon won't do anything about it.
What's the point of having a brand? I was under the impression that you could limit who could 'sell your brand' -- not that these people ARE selling my brand, they are just shirt-tailing off my listing. I can't report them as counterfeit, because I'm sure if I ordered their products, I would NOT GET anything resembling my brand, so they aren't counterfeiting, they are just misrepresenting what they are selling? (and there are about ten of them, so I'd have to order from ALL OF THEM, and most get reviews of 'product did not arrive')
How do I stop this? I have contacted Amazon NUMEROUS TIMES, with every form I can find, and all I get is form letters and zero action. Amazon will do nothing.
I'm sure if I tried listing my products under PARK SEEDS listing, I'd get slapped right down. Amazon says they want to help build our brands, but they do NOTHING help us protect them.
How can I get my brand back from these hijackers? Any ideas?
45 respuestas
Seller_9Uf78DYSZ2lcW
Go into your Brand site on Brand Registry and see about reporting them then. You should be able to report them as counterfeit without a test buy if you don't wholesale your product anywhere and your Company with the Amazon Store is the Only Authorized seller.
Now I don't have experience doing this as I don't have brand registry.
Seller_EkbLZUYSpmJEy
Have you tried using Report a violation ?
If you have access to this tool, then put in the ASIN in the search box. When the item comes up, open up the drop down to show the offers on the item. The ones that you are not your offers click the check box next to those sellers and then upper right select Trademark Infringement.
If there is a comment box, put in that you do not sell wholesale therefore these can not be the same as your item.
If there isn't a comment box but creates a case, then go to the case and see if you can provide additional details in which you would again explain that you do not sell wholesale ... etc ...
Jameson_Amazon
Hi @Seller_rKS40mXHfmhh6,
Sorry to hear about this! I see you have already received some great advice and insights from other Sellers in the replies here - so happy to see!
If you haven't done so already, please submit a claim using the Report Abuse tool right here.
Also, when you have a moment, please send me your case IDs for this and I'd be happy to look into this further and see where I can help!
Thanks so much,
Jameson
Seller_rKS40mXHfmhh6
I have tried this SEVERAL TIMES. When I try to report counterfeit, it says :
ONALEE'S SEEDS - 97879252 Word Mark - USPTO
Not Valid For Reporting Counterfeit
-----------
I do not understand why this says this. My brand is registered and has been accepted by Amazon. If I try to report their packaging has my trademark on it, then it wants me to BUY all the products and show that , which I'm sure their products don't have my name on them, since they are not MY PRODUCTS, THEY ARE REPRESENTING THAT THEY ARE MINE , but they are not.
Can you help me further? There is no other choice for reporting that I can see on that form.
I have also tried reporting just using a general form where I can explain the issue and I get nothing but form letters saying they don't get between a manufacturer and the retailers, which is NOT what is happening at all.
Seller_rKS40mXHfmhh6
Case numbers:
12556648051
12566187611
12566236801
12432588461
12555253871
I have reported this through BRAND REGISTRY and was told I had to report through Seller Central, when I try to report through Seller Central, I'm told they don't get between a manufacturer and their retailers.
there are more case numbers, I have tried every way I can to get a live person to do something other than send me a form letter.
Seller_rKS40mXHfmhh6
I keep getting this response from Seller Help, no matter how I try to explain that these other sellers ARE NOT RETAILERS, they are not authorized sellers of my brand, I get this reply. How do I make someone understand that no one is authorized to sell my brand except me, Onalee's Seeds, LLC?
---------------------------
Thank you for your report of listed product(s) that may not match the detail page description. We cannot take action on your report because of the reasons listed below.
Amazon respects a manufacturer's right to enter into exclusive distribution agreements for its products. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Amazon to assist in enforcement activities.
ASIN: B07TSV2D97, B01IPJQCOK, B07B12L341, B013FLAIJ8, B01F45IC82, B014YXLTW6, B085W9YWTN, , B08Y7KG3DZ Complaint ID: 12555253871
--------------------------------
Jameson_Amazon
Hi @Seller_rKS40mXHfmhh6,
Thank you so much for the additional information + your case IDs! I just wanted to let you know that I have escalated this internally for further review.
Someone from that team may reach out to you, so please be on the lookout for that. And of course, I will let you know if I receive any updates on my end!
In the meantime, please let me know if there's anything else I can help you with!
Jameson
Seller_rKS40mXHfmhh6
Thank you for your help. I really don't understand the policies or reasoning behind what's happening, so I hope someone can help me understand what I need to do to truly protect my brand and get these imposters from selling on my brand listing. I have tried to follow all the rules--filing with the USTPO and with Brand Registry, so I'm now at a loss as to what to do.
About how long should I wait to hear something from someone in internal review? Will it be on one of the cases I've already submitted or a new one? Or will it be here?
Thank you again.
Jameson_Amazon
Hi @Seller_rKS40mXHfmhh6!
Thank you for your patience on this as we investigated the situation a bit further!
To start, I wanted to address your question to why other sellers are on your listing. This help page that will hopefully help explain why.
As mentioned in that help page, typically, a seller can use someone else’s trademark in the following circumstances:
- When selling authentic goods, a seller may use a trademarked name to list those goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product.
- When using a trademarked word in its ordinary dictionary meaning.
- When making truthful statements that a product is compatible with a trademarked product. For example, if you offer a cable that is compatible with the Kindle e-reader, you can use the brand name “Kindle” to indicate that compatibility in the text of your detail page. You cannot use a logo to indicate compatibility, only the brand name. Any statement you make about compatibility must be true.
Now, the reason why you are currently unable to report the trademark violations is because the USPTO trademark is still pending. If you are selecting "Trademark Concerns" for reporting a violation, you need to have a registered trademark of which you are reporting the infringement.
Once you are fully registered with USPTO, you will be able to report counterfeits.
I did investigate into your complaint IDs and listing page. I also noticed you mentioned you performed a test buy, but did not receive your product.
Since these counterfeit products are not as described on your detail page (other sellers are listing under your "branded" product but you are receiving "unbranded" products), you can still report these counterfeit products as "product not as described" through your Brand Registry page or Report a violation through Seller Central.
Additionally, another way to protect yourself from sellers listing on your ASIN is to strengthen your detail page. Please see my suggestions below.
1. Amazon's policy states that the main image on your listing needs to be the product of what the customer is receiving. Therefore, my suggestion is to make your main image the exact product your buyers are receiving (for example: a packet of seeds with your trademark/brand name on it).
The current main image of a flower is not what the customer will receive, and since there are no images with your brand name, it could potentially attract more sellers to list under your ASIN.
I understand this was a lot of information, and please let me know if you have any additional questions.
All the best,
Jameson
Seller_rKS40mXHfmhh6
So, If I'm understanding correctly, I need to make the main photo to be a photo of my seed packaging rather than the flower, which these other sellers are not providing. And then the only thing I can do is do test buys and report these others as 'not as described' and hope that Amazon removes them until my TM is approved. So I really have no protection until the TM is approved by the USTPO . Even though I've made it clear on my brand that NO ONE else is authorized to sell it.
This is extremely frustrating, as you can imagine. The Amazon advertising for how they want to help us "build our brands" is quite misleading about how little they will actually do to help us protect our brands. They even have pages which tell me that they are PROTECTING MY BRAND. What is this about? How are they protecting my brand if they won't take reports from me or stop unauthorized people from selling it?
I understand it's not approved yet by the USPTO, but at the same time, I have filed, paid the money, and proved who I am. I really hope that Amazon will reconsider their stance on this in the future. Their brand registry pages are EXTREMELY MISLEADING. They say they are PROTECTING MY BRAND but they will not protect it when I report a violation, or tell them I am the only one allowed to sell it.
Side note- I don't believe these numbers they are spewing out here at all. They are ridiculously high, especially considering I didn't even register my brand until the first week of April.
Seller_rKS40mXHfmhh6
I do thank you for looking into this and all this information. No one else has explained this, and, quite the contrary, the Amazon advertising for 'build a brand' is quite misleading. So, thank you for the explanation.
Seller_EkbLZUYSpmJEy
ONALEE'S SEEDS - 97879252 Word Mark - USPTO
Not Valid For Reporting Counterfeit
The system will not let you report your own offer. You have to check only the offer which is not yours. Are you doing it as shown below?
Select like this
Then this and selecting Trademark infrigement
Then this and selecting the issue in the last box and finally submit ...
Is this the process by which you are submitting?
It would need to be done the same way for each individual listing.
ONALEE'S SEEDS - 97879252 Word Mark - USPTO
Not Valid For Reporting Counterfeit
NOTE:
The way we have shown you above is the way you would report. However, we looked up your trademark and can see that it was just accepted by USPTO on April 8, 2023. Your trademark is in the process of being registered but is in the very early time frame. Amazon is saying that the trademark is not valid for reporting counterfeit as it is not fully registered (which for you will possibly be 9 to 15 months away depending on how the publication goes and when that happens).
What you will have to do is a test buy of each of the offers, take pictures of the items (front & back) when received and then report the items as not being as described. Do not leave feedback on the seller when you do this ... just request a return/refund for the reason item not as described.
Seller_UnP3MVhzdhAYg
I received the same trouble as you, this kind of behavior is legal in the opinion of Amazon, and the only way to really solve the problem is to join the Zero Plan or Transparency Plan after your brand has completed registration.
I can't even fathom that it would be a serious disservice to my own brand when a customer buys a product from elsewhere and leaves a very poor review on my brand.
Seller_6ldIAceJDEcT2
Look into Amazon transparency where you get individual codes for your items. Fixed my problem!
Seller_d8D4CAiGdnCw9
We have the exact same thing happening. Im really concerned about review trickling in and attaching to our ASIN for a product thats completely not ours!
Seller_S6Ub6ZVEM8E6q
Please let me know if you ever find the answers because I'm in the same situation, I asked numerous times if the brand registry isn't supposed to be giving us protection from this when you register with them, but they pick n choose who they allow to violate your brand and will ignore the fact that the hijacker is selling fake items and potentially dangerous product to kids
