My competitor reported me for trademark infringement but the term is generic and merely descriptive as proven by the USPTO
Hello,
My competitor is trying to get rid of me. They saw that I abandoned my trademark application and decided to file for the same term themselves then proceeded to report me for trademark infringement. They currently have a pending unregistered trademark for the term “tactical hanger”. I am using the term "tactical hanger" in its ordinary dictionary meaning in my listings and on the product. USPTO extensively proved in my past application that this term is generic and merely descriptive (Application# 90741004). There is also a long history of other sellers describing heavy-duty hangers as tactical hangers. All this can be found in the 2 office actions provided by USPTO in Application US Serial Number: 90741004
Both the individual components and the composite result are descriptive of the goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods. Specifically, “HANGER” describes the goods themselves, and “TACTICAL” describes the type or category of the hangers. When combined, the phrase “TACTICAL HANGER” immediately describes my hanger to consumers because I am providing hangers that are intended to be used for tactical vests and tactical gear.
I tried appealing through account health, but so far I keep getting generic responses saying "We received your submission but do not have enough information to reactivate your listing at this time". I provided an original invoice as proof. Can someone please take a look at my case?
The appeal was actually approved for 2 bundle listings I have, but that doesn't fix the issue of remaining 16 asins.
I kindly request Amazon to revisit my case as I feel it hasn't received the thorough review and attention it deserves.
There are 16 asins that are affected in total. One of them is Complaint ID: 15158507901.
Thank you!
My competitor reported me for trademark infringement but the term is generic and merely descriptive as proven by the USPTO
Hello,
My competitor is trying to get rid of me. They saw that I abandoned my trademark application and decided to file for the same term themselves then proceeded to report me for trademark infringement. They currently have a pending unregistered trademark for the term “tactical hanger”. I am using the term "tactical hanger" in its ordinary dictionary meaning in my listings and on the product. USPTO extensively proved in my past application that this term is generic and merely descriptive (Application# 90741004). There is also a long history of other sellers describing heavy-duty hangers as tactical hangers. All this can be found in the 2 office actions provided by USPTO in Application US Serial Number: 90741004
Both the individual components and the composite result are descriptive of the goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods. Specifically, “HANGER” describes the goods themselves, and “TACTICAL” describes the type or category of the hangers. When combined, the phrase “TACTICAL HANGER” immediately describes my hanger to consumers because I am providing hangers that are intended to be used for tactical vests and tactical gear.
I tried appealing through account health, but so far I keep getting generic responses saying "We received your submission but do not have enough information to reactivate your listing at this time". I provided an original invoice as proof. Can someone please take a look at my case?
The appeal was actually approved for 2 bundle listings I have, but that doesn't fix the issue of remaining 16 asins.
I kindly request Amazon to revisit my case as I feel it hasn't received the thorough review and attention it deserves.
There are 16 asins that are affected in total. One of them is Complaint ID: 15158507901.
Thank you!
8 respuestas
Seller_cU1ooL1s3eXwg
Additionally my competitor doesn't own the rights to the term they are accusing me of infringing on. Their application is pending, USPTO hasn’t yet approved or registered the trademark. US trademark law protects sellers and competitors from being forced to stop using a term that is a part of a pending application.
The application process can take 12 to 18 months and be refused for various legal reasons.
While it is waiting to be assessed by a USPTO examiner, other sellers should be allowed to use the term “tactical hanger”. Additionally I was the first to use this term on January 18, 2014. Shouldn't this give me protection according to the first-to-use rights?
Seller_rI7BZIczK8iAC
Did you add a screenshot of this decision when appealing?
At least, nor your competitor will be successfull in trademarking this expression.
Reopen your case and ask to "escalate to the catalog team for reinstatement of the other 16 ASINS. Add the USPTO decision again..
Stevie_Amazon
Hi there @Seller_cU1ooL1s3eXwg,
Thank you for utilizing the seller forums.
My competitor is trying to get rid of me. They saw that I abandoned my trademark application and decided to file for the same term themselves then proceeded to report me for trademark infringement. They currently have a pending unregistered trademark for the term “tactical hanger”. I am using the term "tactical hanger" in its ordinary dictionary meaning in my listings and on the product.
I understand you have concerns regarding intellectual property complaints and the reporting rights owner.
Considering the information you have provided and you are wishing to dispute the violation in such a way, I do have to urge you to gather as much detail and proof to substantiate these claims.
If this does not address the outstanding policy compliance issue, you will want to provide the appropriate documentation requested.
If you have any case IDs relevant to your previous submissions, feel free to provide them here in a reply.
I look forward to supporting you,
Stevie.
LeviDylan_Amazon
Hello @Seller_cU1ooL1s3eXwg,
Thank you for continuing to utilize the Forums for further guidance.
Since it has been a some time since your post, can you share if there have been any updates regarding this? What information have you included in the disputes? What was the outcome? If you have any other details to provide please include them here, for further review.
My goal is to give you further assistance. I would like to forward your information to continue researching this matter further. Please continue to post any relevant information in relation to this topic, such as a case ID or performance notification received, so it can be addressed and forwarded as well.
Wishing you the best,
LeviDylan
