Hello!
I am small time PC builder having sold on Amazon successfully in the past.
I recently added 4 new listings under a generic brand to sell 4 new lines of PC builds.
One got flagged for trademark infringement, as were the other 3 very soon after, so I've deleted them to revise my listing. I noticed that the original 2 I had have never been flagged or had any other problem, but were written in a different way.
The listing description style was as follows:
UH Computer Type 3 | 1440p / 1080p Gaming PC
R5 5600 | RX 6700 XT | 16GB RAM | 1TB Gen4 M.2 | WiFi / BT / ARGB
MINIMUM SPECS*
CPU: AMD Ryzen 5 5600
Graphics: RX 6700 XT
Case: Cooler Master CMP520
[more generic specs]
*Minimum specs means you'll get these specifications, and nothing less. Dependant on availability.
Where not specified, all parts used are from reputable and established brands, such as: AMD, Asrock, Asus, Cooler Master, Corsair, Crucial, EVGA, G.Skill, Gigabyte, Intel, Kingston, MSI, Samsung, Seagate, Silverstone, Team Group, Thermaltake, Western Digital, XFX, etc.
Cooler Master was flagged as the problem for this, and then Asrock for the other 3. I have recently noticed the difference between my description here and from the original listings was the last paragraph. Everything else was the same.
Unfortunately support was not helpful. I contacted them with the following:
"Your help page on trademarks state the following:
"As a seller, when can I use someone else’s trademark?
Typically, a seller can use someone else’s trademark in the following circumstances:
When selling authentic goods, a seller may use a trademarked name to list those authentic goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product."
I'm confident my product has been flagged for trademark misuse erroneously, as the product is listed containing a trademarked item it genuinely has. If you could kindly revoke the flagging of my product quickly, it would be much appreciated. However, if I am somehow mistaken can you please indicate how my product listing is breaching policy, so I can correct it immediately."
To which I received the following reply:
"From your correspondence we understand you contacted us in regard of the trademark issue for the ASIN in your inventory.
Upon communication received from the internal team, we would like to inform you that we found your product may not be compliant with Amazon Intellectual Property policies and currently has the brand name as “Generic” and *COOLER MASTER* products can only be listed by authorized licensed sellers.
After a review, we've determined that we will not be reinstating the removed listings, as the brand on the ASIN cannot be updated. We consider all factors of a product while reviewing policy compliance.
If you choose to re-brand a product, you must create a new product rather than updating an existing product."
Needless to say, I was more lost than when I started. But the differences between my listing gave me a clue that support had not dealt with my enquiry correctly. I was clearly not selling a Cooler Master PC, and the PC was made up of different parts from different manufacturers.
So, my question would have been: Will removing the final line in my listing stop me from being flagged? And if so, why does that particular statement cause the flagging? What should I be doing more to make sure my listing is correct?
However - in researching what was going on and in going through some of the forums I noticed the issue of item authentication requiring purchase through authorised channels. As a small PC building business I have purchased some parts through retail channels. The issue with that means that I am responsible for the manufacturer's warranty, which makes sense as I am selling the PC as a whole. Would there be an issue in listing the part itself as a part that had come from the original brand (in which there hadn't been with my original listings) and if so, what would i do to further clarify this correctly?
I've also read a lot of horror stories on these forums about being the small guy selling on Amazon. Perhaps I should run before I get burned?
Thank you in advance for your assistance, and tagging @Ken_Amazon as I heard you're the guy around here. :)
