How to Resolve Brand Abuse? Damai Shows You How to Win Your Appeal, Step by Step!

2023-08-24

We all know that brand registration is essential for cross-border sellers. So why does brand abuse occur, and how should you address it? Today, I’ll walk you through the issue, with the appeal process included below—save this post and read it at your own pace!


1. Why does brand abuse occur?



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Account reason:


  • A store operated by the same registered entity commits violations on another platform, or a store under the same brand commits violations but fails to appeal or its appeal is unsuccessful, thereby causing other stores to be implicated;


  • Stores associated with the same set of materials have engaged in violations, including infringement and violations of listing, review, and sales policies. When the new brand was preparing its registration filing, a notice indicated that the account may have been involved in abusive conduct (such as infringement, order brushing, or secondary review), and the issues were not resolved in a timely manner.


Brand-related reasons:


  • If a brand has already been registered, authorized, or listed on more than five authorization white lists, Amazon will question its compliance;


  • Abuse of brand complaint function with low complaint success rate.


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  • The trademark was purchased through another channel because the store in which it was previously listed was affected by violations or had inconsistent holder information. (A transfer may be arranged to ensure the consistency of the ownership information.)


  • An excessive number of brand authorizations—more than five—can also lead to brand abuse. Sellers must carefully control the number of authorizations granted and operate in compliance with applicable requirements.

2. In what ways does brand abuse manifest itself?



  • There are too many complaints, and the success rate is too low;

  • Excessive number of brand licenses;

  • Brand-registered or brand-authorized stores engage in violations, such as order manipulation and infringement, etc.;

  • The brand or trademark itself is non-compliant.

3. How to investigate brand misuse?



Step 1,View performance notifications for registered storesCheck whether there are any unresolved violations such as infringement or fraud. Be sure to handle them promptly in order to successfully register.

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01

View “Account Health Rating”

Through the seller platform, click on 'Performance' > Go to the 'Account Status' page.

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02

View "Performance Notice"

Through the seller platform, click on 'Performance' > Go to the 'Performance Notification' page.

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Step 2,Check whether any other websites registered by the same entity have engaged in violationsAll sites need to be selling normally.


If both of the above circumstances have been confirmed to be free of any issues, you may attempt to initiate an appeal.


4. What materials need to be prepared before filing an appeal?



If it is a private-label brand, you need to prepare:

  • Trademark application acceptance receipt; certificates or PDF documents are acceptable;

  • Official brand website sales link;

  • Store backend performance metrics chart;

  • Actual product photos bearing the trademark;

  • Business license of the store and identification card of the legal representative;

  • A procurement contract or procurement invoice displaying the trademark (the brand name and supplier stated on the document must be consistent)


If the brand owner is not the legal representative of the company applying for the Amazon account, then you also need to prepare the seventh document:Brand Authorization Letter

5. Brand appeal process



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Note: When uploading all materials, they should be uploaded separately (business license and legal representative ID can be placed in one document). If there is an authorization letter, it must be in English only.


If the appeal only has the following page, just fill in the content from the appeal template, and no other information is needed for now.

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Attention

① Make sure the appeal materials are uploaded to the correct location. Do not Photoshop the product images; otherwise, the appeal may be rejected and the appeal link may disappear.

 

② Do not lodge repeated appeals. If an appeal fails once or twice and there is no additional supporting material, seek assistance from a professional. Do not continue appealing, as this may result in an outright rejection.

 

③ After submitting the appeal materials, if the seller receives an email requesting video verification, they may prepare the required documents and complete the video verification. The review will generally be approved if sufficient materials are provided.

6. How can the filing be completed more quickly and smoothly?



The following measures may be implemented in advance:Cooperate with Amazon's investigation


  • First check whether the store’s performance is normal; if there are any issues, resolve them before proceeding;


  • The brand registration holder information should preferably match the company or legal representative information associated with the store;


  • Sellers should ideally prepare their own product images for the recordal, showing the mark on the product or its packaging. The images should be clear and should not appear to have been Photoshopped; unedited images are preferred.


  • When completing the information for the recordal process, it is best to follow the latest recordal procedures;


  • Engage a reputable agency and have licensed attorneys assist with the recordal process;


  • Implement brand isolation measures by registering each brand with only one store;


  • Avoid filing frequent brand complaints; submit a complaint only after confirming infringement.


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Friendly Reminder from Damai

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How to avoid the pitfalls of brand abuse?


Do not frequently use the brand-reporting function to complain about competitors. It is advisable to register your own trademark rather than purchase one. If you have determined that purchasing a trademark is necessary, be sure to verify its source and ownership to avoid unnecessary losses;

Be cautious when granting brand authorization. If possible, do not authorize. Brand authorization can not only lead to brand alliance problems, but also result in joint liability if other stores sharing the brand violate the rules;

Use one brand per store wherever possible to minimize the need for brand authorization. Once the number of registered and authorized stores for a brand exceeds five, it may lead to brand abuse;

Sellers are not advised to submit repeated appeals through the backend, as each appeal opportunity is valuable; multiple appeals may result in the rejection becoming final and turn a straightforward issue into a complicated one;

If the attorney is sanctioned or blacklisted, be sure to replace them promptly before appealing the brand-abuse action, as this can increase the likelihood of success.


Search for lawyer names by brand name and registration number: https://branddb.wipo.int/en/quicksearch?sort=score%20desc&rows=30&asStructure=%7B%22boolean%22:%22AND%22,%22bricks%22:%5B%5D%7D&_=1690098103022

Check whether an attorney has been sanctioned: https://developer.uspto.gov/tm-decisions/search/administrative

Check whether the attorney is on the blacklist: https://foiadocuments.uspto.gov/oed/




This is the complaint process regarding "brand abuse", after filling in, Amazon will conduct a review, generallyApproximately two weeksResults will be issued.


Finally, the editor would like to remind everyone that Brand Registry is a crucial step for selling on Amazon. Sellers must ensure that their store operations always comply with applicable policies and regulations!Ensure proper brand separation and protect your own accounts and brands.

At the same time, be sure to engage a compliant trademark agency to file the trademark application, so that trademark-related issues do not cause the filing to fail and affect sales.


If you need more professional brand registration and trademark services, please contact Damai Intellectual Property.