Trademark misuse violation
I received a trademark misuse violation on March 19 for the name of my card game "Restoria" - but I don't understand what the violation is. There are no registered trademarks for "Restoria" for card games. The only trademark for Restoria for card games is my own (pending, not registered yet).
My listing was deactivated yesterday and no explanation has been given to me when I contact support.
Trademark misuse violation
I received a trademark misuse violation on March 19 for the name of my card game "Restoria" - but I don't understand what the violation is. There are no registered trademarks for "Restoria" for card games. The only trademark for Restoria for card games is my own (pending, not registered yet).
My listing was deactivated yesterday and no explanation has been given to me when I contact support.
4 replies
Seller_LVZcgxAgZ2xBv
Restoria is an existing brand in another category on Amazon. It's like getting a trademark for a Cerave or Pepsi in another unrelated category. Technically it's possible to create such a product, but there's evidence Amazon will favor the major established brand if their lawyers complain about the new product causing confusion with their brand. Amazon may pre-emptively shut down the newcomers.
For example, there was a similar case a few months back, someone selling something like kitchenware or sports accessories was wondering why their brand "Boss" was having trouble on Amazon with trademark issues. There were already two established brands on Amazon with "Boss" in the name (Hugo Boss and Boss guitar effects).
Seller_LVZcgxAgZ2xBv
There are so many things that seem "unreasonable" in this marketplace but it's just a fact of doing business on Amazon and dealing with brands that are much bigger and more legally savvy. Complaining, hoping, and reasoning with these entities is a waste of time.
Three options:
- Hire a lawyer to argue with Amazon on the technicalities of IP law
- Reach out to the other Restoria and cut a deal of some kind
- Create a new brand with no similarities to any other brand on Amazon
I know which option I would take.
Glenn_Amazon
Hi there @Seller_pUxq5kF6QrWT7,
I'm sorry you are having issues with this trademark misuse violation. Have you started the process of registering your Brand? If you are registering your trademark and it is pending you should still be able to create an application for Brand Registry and the violation with the trademark misuse may be able to be contested. Please let me know if you have any difficulties. Thank you for your understanding.
-Glenn