question

Medhunter avatar image
Medhunter asked ·

if I have my design live and after 2 months someone register a Trademark ?

I have 83 Shirts live , and I remember when I started, I heard everybody talking about Trademark and Compliance infringement .. so I learned how to check for sayings and content before making my designs, that's why I used www.uspto.org to check for trademark before and ( bullets points) and keywords in the title..

and after I upload 25 designs i had a shirt ( using same method ) ( all safe ) no trademark founded..

I had only one shirt removed by the team and telling me ( that it was reported or something like this) . and once I checked again using uspto.com I find that it is registred as a trademark ... ( basically , after 2 months ) . so I really hope this will not affect my account , for my future Designs.. we can't like , check our listings using Trademark website, every day.. and i can't imagine this for people who have like ( 1000 designs up or more.)

any advice will be appreciated .

thank you so much .

merch by amazonhelpcopyrightreportingpolicy update
10 |2000 characters needed characters left characters exceeded

Up to 2 attachments (including images) can be used with a maximum of 512.0 KiB each and 1.0 MiB total.

M avatar image
M answered ·

That's not how Trademark law works: . 1) Under Section 7(c) of the Trademark Act, the date of filing an application, whether based on actual use or intent to use, establishes a registrant’s date of “constructive use,” establishing nationwide priority except against a person who began use of the mark prior to that date. Thus, a “prior user” is a party who began use somewhere prior to the registrant’s application date.

.

2) Additionally Trademark law wouldn't even apply to your listing at all unless:

i) The Trademark was granted against an apparel style trading category AND:

ii) Your listing uses the Trademark - whether word mark or picture mark - actually within the design image itself, or as the "Brand Name" or "listing title" - use of general words/phrases within informational fields is not covered by Trademark restrictions

.

So you shouldn't upload any new items that contain that trademark within the design image itself or within the brand name or title of the listing, but as a "prior user" there should be no reason whatsoever for Amazon to have a problem with existing listings.

Unfortunately a lot of people who register "Trademarks" do so after something becomes popular and then attempt to shut down other uses of it "because we have a Trademark on that" - but that is NOT how the law works, and Amazon Merch support/review staff should hopefully be aware of the actual law

2 comments
10 |2000 characters needed characters left characters exceeded

Up to 2 attachments (including images) can be used with a maximum of 512.0 KiB each and 1.0 MiB total.

They aren't. They SHOULD be, but they aren't.

1 Like 1 ·

Elizabeth@Amazon, can you clarify is this part is accurate, i.e., that "use of general words/phrases within informational fields is not covered by Trademark restrictions" as far as Merch is concerned? I'm constantly having to edit my bullets because everyday words and phrases end up having a TM, even though it has nothing to do with my shirt and would not cause any confusion as to the source of goods. It would be so helpful if Merch would provide some more detailed guidance on stuff like this. I spend so much time combing through every word and combinations of words in my brands/title/bullets for anything like this, and inevitably someone will register a TM eventually for common words/phrases that I previously used that no reasonable person would ever think would be TM'd.

0 Likes 0 ·
Amy avatar image
Amy answered ·

I posed this question last year in this forum.

I had a huge selling shirt and on w him, checked uspto months later and surprise, someone else had paid for the TM. BY then, I had about 30 p4p thieves I was battling almost daily and while I made a killing on that design, DELETED IT when Leia from Amazion stated that Merch reserves the right to proceed as THEY seem fit, so I was not protected from a takedown

Soo, quote all the TM law you guys want, but its their sandbox and my longevity on this platform trumped risking it ;)

10 |2000 characters needed characters left characters exceeded

Up to 2 attachments (including images) can be used with a maximum of 512.0 KiB each and 1.0 MiB total.

newuser-602da94f-ae59-4516-a749-dfb90d4d7ba4 avatar image
newuser-602da94f-ae59-4516-a749-dfb90d4d7ba4 answered ·

I only hope that this doesn't affects the account . They can remove the listing .. Cause I did some researches and I find that when someone register a trademark , he/she can add a date of begins , even if it's on the past ... that's why many of sellers got issues after .. but in my opinion, merch by amazon team, has to know that we can't check our listings one by one every day, so maybe they can juste remove the designs but not affect our account (cause we uploaded for example a design before someone trademark it)

10 |2000 characters needed characters left characters exceeded

Up to 2 attachments (including images) can be used with a maximum of 512.0 KiB each and 1.0 MiB total.

TEES avatar image
TEES answered ·

Common law based on first use with proof (proof of commerce is a good start). You also need to prove if they knew about "your" IP prior their registration. They could have registered bacj when and just got the IP registration also. Remember, also another person in the world might have the same idea as you (could be ironic, but could happen). Common law is one thing, but you need to protect your IP and register them asap. People will steal not only because they know they are taking, but also because some aren't that educated in IP law and could be all in good faith. I am saying "just protect your original IP".

10 |2000 characters needed characters left characters exceeded

Up to 2 attachments (including images) can be used with a maximum of 512.0 KiB each and 1.0 MiB total.

Amazon Customer avatar image
Amazon Customer answered ·

Same to me today, someone registered on march 2018 and Amazon says to me trademark infringement for something uploaded on genuary 2017, really unfair.

10 |2000 characters needed characters left characters exceeded

Up to 2 attachments (including images) can be used with a maximum of 512.0 KiB each and 1.0 MiB total.

MBA_ANAS avatar image
MBA_ANAS answered ·

Does this still an issue in 2020 ?

10 |2000 characters needed characters left characters exceeded

Up to 2 attachments (including images) can be used with a maximum of 512.0 KiB each and 1.0 MiB total.