Amazon Allowing Sellers to use my Trademark

Poshsalt

HI,

So at first when I complained to amazon about sellers using my trademark they did take them down.

Second time, they said that the sellers where allowed to use the terms.

It looks like there not using my trademark in there title but when putting it into the search engine it comes up so there using it in there keywords search.

Is there a way to stop this? Is this allowed.

Grumpy_chap

Poshsalt said:

HI,

So at first when I complained to amazon about sellers using my trademark they did take them down.

Second time, they said that the sellers where allowed to use the terms.

It looks like there not using my trademark in there title but when putting it into the search engine it comes up so there using it in there keywords search.

Is there a way to stop this? Is this allowed.

Are the listings selling your product or a different product?

Poshsalt

Its a different version they have made up but with same trademark name.

apw81

Is it a registered ®️ trademark or just something you’re claiming ™️ of? Is it a unique term or fairly generic?

Either way, the answer would be to instruct your solicitor to take action. Send a letter. That’s how these things usually begin. See what they say. Afterwards, if you remain unhappy, then you take Amazon to court. Or the sellers. Or, perhaps both. If your trademark is registered your legal resolution legs are a little more stable, more so if it has been registered for a good number of years and has been actively used throughout. 

Amazon are proper keyword hawks with stuff like this. They do it for items they don’t even sell, just to bring in the customer to sell them something else. Unregistered trademarks are a particular joy for keyword ads. To answer your question ‘is this allowed?’, yes it is, unless you press them to stop, as the claimant for the trademark which is yours to defend. 

To be successful, your claim to the trademark needs to be solid. If it’s not registered, then you’re going to need a strong history of its usage to show its association to you and nobody else. That said, even registered trademarks can still be challenged; ie. if I could show I was using your alleged trademark years before you were, your claim would falter; I could even take ownership of the trademark from you. Hence the need to make sure your claim is solid, otherwise you may as well just drag all your possessions into the street and set fire to them.