If your Amazon seller account has been suspended for an alleged trademark infringement, you will need to take immediate action to initiate an Amazon trademark infringement appeal. Allegations of Amazon seller infringement are taken seriously by Amazon and, if not resolved in the proper way, they can lead to a permanent suspension of your account.
If this has happened to you, contact us. We are Amazon IP lawyers and we can provide the Amazon legal help you need. In this article, we will briefly examine one of the crucial steps that must be taken in an Amazon trademark infringement appeal — seeking and obtaining a retraction of the trademark IP Complaint from the trademark holder (or its agent).
In basic terms, with the help of trusted Amazon IP lawyers, you need to contact the trademark owner, seek to resolve the problem and obtain a retraction letter. This is a crucial key to obtaining reinstatement. For this article, assume that “ABC SELLERS” is the name of your Amazon marketplace seller account. The retraction letter/email you want is short and simple and should look something like this:
“FROM: [EMAIL ADDRESS FROM WHICH THE COMPLAINT WAS FILED WITH AMAZON]
TO: [PROPER AMAZON EMAIL ADDRESS, likely: notice-department @ amazon.com]
CC: ABC SELLER EMAIL
Subject: Retraction of Complaint(s) [NUMBER(s)]
We would like to retract our trademark infringement Complaint(s) against ABC SELLER registered with email account [ABC SELLER’S associated email account].
After working out the issue with ABC SELLER, we are now convinced that the Complaint(s) — [NUMBER(S)] — for [ASIN NUMBER(S)] was submitted in error [or, alternatively, “… should be withdrawn”]. Please consider this retraction in ABC SELLER’s appeal to reinstate its account.
EMAIL ADDRESS: [THE ONE USED TO FILE COMPLAINT(S)]”
Note several features of this retraction letter. Believe it or not, some Amazon marketplace sellers attempt to fake letters like this as part of their appeal. Thus, Amazon will look at these types of letters closely to ensure they are authentic. For this reason, the email addresses are important and must correspond to the email address from which the Complaint(s) originated. Likewise, to ensure that the letter is properly filed at Amazon, repetition of various accounts and numbers is very important. Note that you will be attaching a copy of any retraction letters as part of your appeal. But, the original email must be sent to Amazon from the trademark owner.
With respect to the reasons stated for retracting the Amazon IP infringement Complaint, it is most valuable to have the “submitted in error” language included. But, if the trademark owner will not agree to include that language, it is sufficient to simply have the Complaint(s) retracted. In other words, it is more important to have the retraction letter than to have the “submitted in error” language included.
As noted, you will need to attach a copy of the retraction letter/email as part of your appeal. Failure to get a retraction letter will make your appeal more difficult, but not impossible.
Contact Revision Legal
For more information or if you need help reinstating your Amazon seller account, contact the trusted Amazon Seller Account Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474. Get the Amazon legal help you need. We are lawyers specializing in trademark and internet law. You want the best Amazon seller business law firm.