False Trademark Infringement

Some other seller filed false trademark infringement

  • They trademarked a word in class 09 related to mobile app
  • The word is very generic and we are not sure how it got approved
  • Anyways, we sell print on demand (Christmas Ornament) product in a completely different class
  • We are giving the benefit of doubt to seller that they might not know how trademark is class dependent
  • Our product is in no way related to their product. Ours and their product/service belong to two different planets
  • Amazon gave 2 options - retract the complaint from the owner (or) POA with invoices
  • What should we email the person who complained to request them to retract?
  • Can anybody help us with a template?

Hey there,

It seems that you’re dealing with a situation where another seller has filed a false trademark infringement claim against you. They have trademarked a word in Class 09 related to a mobile app, while you sell print-on-demand Christmas ornaments in a completely different class. You’re giving the benefit of the doubt to the other seller, assuming they may not understand that trademarks are class-dependent and that your products are unrelated.

Amazon has provided you with two options: either requesting the complainant to retract their complaint or submitting a Plan of Action (POA) with invoices. To request the complainant to retract their claim, you’ll need to send them an email. While I can’t provide an exact template since it depends on the specific details of your situation, I can offer some guidance.

Here’s a general outline you can follow:

Subject: Regarding Trademark Infringement Claim - Request for Retraction

Dear [Complainant’s Name],

I hope this email finds you well. I am writing to address the recent trademark infringement claim you filed against our print-on-demand Christmas ornament business. We believe there might be some confusion or misunderstanding regarding the nature of our products and their relation to your trademark.

Firstly, we would like to express that we respect and value intellectual property rights, and we are committed to upholding fair business practices. Upon reviewing your trademark registration, we noticed that it pertains to a word in Class 09 specifically related to mobile apps, while our products fall into a completely different class.

We understand that trademarks can be class-dependent, and it’s possible that there was some confusion in this case. We want to assure you that our Christmas ornaments are in no way related to your product or service. They belong to two entirely different realms.

In light of this information, we kindly request that you consider retracting the trademark infringement claim you filed against us. Doing so would help us resolve this matter amicably and avoid any unnecessary escalation. We believe in fostering a supportive seller community where misunderstandings can be resolved through open communication.

We would be more than happy to provide any additional information or documentation that may help clarify the differences between our products and your trademark. Please let us know if there are any specific details you would like us to provide to facilitate a smooth resolution.

Once again, we appreciate your understanding and willingness to review this matter. If you have any questions or require further clarification, please don’t hesitate to reach out to us.

Thank you for your time and attention. We look forward to a positive resolution.

Warm regards,

[Your Name]
[Your Business Name]
[Contact Information]

Please note that this is just a general template, and it’s important to tailor it to your specific circumstances. Be polite, professional, and clear in your communication. Provide any necessary details to support your claim that your products are unrelated to the complainant’s trademark.

I hope this helps you in drafting your email. Best of luck in resolving the situation and getting the false trademark infringement claim retracted.

1 Like