My trademark is currently pending, and I have enrolled my brand in Amazon Brand Registry through the trademark application.
My product packaging and box clearly display my brand name and logo. What is the most effective way to remove an unauthorized seller in this situation?
Has anyone successfully removed a seller using Brand Registry, test buys, or infringement reports while the trademark was still pending?
I would appreciate any advice or experience you can share.
Step 1: Send a Warning Notice
Send a formal warning message to the seller, clearly stating that they are infringing on your registered trademark. Include your trademark registration number in the notice and request that they remove their offer immediately. Inform them that they have 48 hours to comply. Also state that if the listing is not removed within this time, you will proceed with legal and Amazon enforcement actions, including submitting a counterfeit complaint.
Step 2: Collect Evidence and Report to Amazon
If the seller does not remove their offer within 48 hours:
Place an order for the product directly from the seller’s store.
Carefully inspect the product upon delivery.
Take clear, detailed photographs of the product, packaging, labels, branding, and any differences that demonstrate it is counterfeit.
Complete Amazon’s Counterfeit Product Complaint Form and submit it with all supporting evidence, including:
Your trademark registration number
The Amazon Order Number
The seller’s information
The ASIN and listing details
Photographs of the counterfeit product and packaging
A detailed explanation of how the product infringes your trademark
Providing comprehensive evidence significantly improves the likelihood of Amazon taking enforcement action against the seller.
Use Brand Registry + test buy + infringement report.
Pending TM can still work if packaging shows your brand.
Yes many sellers face this issue when any hijackers attach to your listing even if you have a brand registry. For this, you can open a case with Amazon by attaching all trademark documents even if it is pending. Additionally, you can send message or email to hijackers and warn them for legal infringement action if they don’t detach their listing immediately. Sometimes, this process becomes cumbersome but could be solved if appropriate measures are taken.
As your trade mark is still pending so you can’t fight back effectively but still you have options.
Check if that person is selling genuine product or it’s counterfeit. To do this you need to buy his product and inspect it properly.
Collect the proofs and document them, then launch infringement complain through your Brand registry.
If the counterpart is selling inauthentic product then Amazon will definitely take action against him.
Simple. Order their product from another account or ask someone in the U.S. to order it for you, take photos, and send them to you. Then go to Seller Central, create a case, and the unauthorized seller is usually removed within 24 hours. I had the same issue, but Alhamdulillah, my trademark is now fully registered.