Help!
Our brand’s trademark is in the ‘Accepted’ status and is pending ‘Registration’.
We launched a few Private Label products with our Trademarked brand printed on the packaging.
Our brand is also registered in Amazon rand registry and all our ASINs are listed under our own private listing.
We spend thousands on ad, videos, and photos and got good organic rank and things were gradually picking up, but out of blue a highjacker appeared and started selling one of our products under our brand at a much lower price and won the buy box!!! Up until now I was under the impression that other sellers will need to get approval from us if they want to sell under our brand, but it doesn’t seem to be the case.
We ordered a Test Buy and the highjacker’s packaging doesn’t not have our brand name printed on it (it is the same product though).
We used this as evidence and contacted Amazon to remove the highjacker from our listing but they didn’t.
We tried everything from reporting IP infringement via Brand Registry, to Report Abuse form and generic tickets via Seller Central, but unfortunately Amazon didn’t solve our problem. They keep saying that they can’t enforce IP rights because our brand is pending registration!!! So basically no brand protection.
Is this true that Amazon does not really provide any brand protection until your brand is registered? (And during the first 9 months of waiting for brand registration there is really no protection)
And lastly, what do you suggest us to do to get rid of the highjacker?
TIA