They did not have a trademark when I started using the image. In fact, they are still awaiting their certificate.
I do not want to fight them to sell the product. I just want to remove it from my account health rating. Do I have a case? I’ve been selling it since 2023. They got their trademark last month.
You certainly haven’t been violating anyone’s IP for the last 2 years, but it sounds like you have been for the past couple weeks.
This isn’t my area of expertise, so if someone has better information take it, but I don’t think you have a leg to stand on.
I don’t want to keep using the image. I just wonder if I have a case for removing it from my health rating. I think it sucks that people can just basically use someone else’s image and then claim it as a trademark.
Also, I’ve read never to acknowledge violations. Is that correct?
Did they apply for it last month or did it become registered last month? There is a difference.
Is the image trademarked or in the process of being trademarked?
Have you looked it up on USPTO to find the exact status?
Have you removed the trademarked image from your listing?
Are you selling this exact item? If so, do you have a LOA?
Depending on your answers … the outcome could vary.
When we had a violation placed on us by Amazon during the time our listings were brand hijacked, it took two years to fall off of our account. We didn’t do anything to resolve it as the violation should have gone on the hijacker but, in true Amazon fashion, Amazon put it on us as if we were the ones who changed the listing.
Did they contact you directly? Can you just change the image?
They applied last year. I was using it before then.
It is a service mark trademark. The status is “published for opposition.”
They are saying it they have been using that image and wording. They don’t sell that item at all.
I have no intention of duking it out, even though I don’t believe I’m in the wrong. I just want it off my record and I will be on my merry way.
They did not contact me. I don’t care to use that image anymore. In fact, it has been in FBA too long and I was thinking of discontinuing it when this violation happened.
This might be an @oneida_books question…
Do you have the option to remove the inventory from FBA and delete the listing?
Yes. I am removing the inventory. I absolutely will remove the listing, but I wasn’t sure at what point. I mean, I wonder if I remove it if I could later contest a violation for something that was removed (i.e., will the submit appeal button still be there?).
Then the trademark isn’t registered as of yet. So to date, you haven’t violated a trademark. However … since it is published for opposition, the trademark should be coming very soon.
It sounds like you are looking to discontinue the item.
Remove the image
Discontinue the listing
Start your removal of inventory.
Consider the violation a warning shot across your bow.
The date that image becomes trademarked is the date you enter violation territory.
Exactly what was the violation? Does this ASIN appear in your Account Health under Policy Compliance, and if so, under which category?
Some violations can be resolved simply by deleting the listing and promising never to do it again. Others cannot.
True but in this case it was fine when the item was listed. Now there’s a pending TM.
I am really confused by this whole thing because I didn’t think a pending mark could be used to violate another seller / ASIN.
I’d appeal, lay out the very simple scenario of what happened (the truth, with a timeline), and see what happens. Along with closing the listing while the inventory is removed.
If the OP gets the right Amazon agent, they have a chance of getting the violation removed IMO.
Me too, which is why I asked for specific violation info.
For SIPV if you delete the listing within 24 hrs (sometimes 48 hrs) the violation disappears. For RIPV it does not.
I did remove it, but it’s affecting my health 
Which one is mine? SIPV or RIPV? Oh, wait. I see. It is RIPV. 
I deleted it anyway so that it won’t be a real violation once they get their trademark.
If you aren’t planning on fighting it, this is the best course of action.
I just want the IP violation to go away.
