How to Respond to a Claim of Trademark Infringement on an Electronic Commerce Company
Being a seller on any e-commerce company comes with the risk of being accused of trademark infringement, regardless of whether you sell your own goods or you resell third-party products. The claim may come from the company itself or the lawyer or the claimant.
Claims of trademark infringement are commonplace, but nonetheless, you should respond appropriately since it is a legal issue which could result in you being kicked out of the marketplace. There is a range of claims that could be issued; such as the specific products you are selling, the name of your product or your company’s operating name.
In case the e-commerce company or a third-party lawyer sends you the notice, you should first ensure that that you understand where you stand legally before making any moves. An attorney comes in handy in highlighting the best suiting option for your case. Below are some of the steps you can take. You'll want to learn more about intellectual property violations amazon info.
Contact The Right’s Owner
You can contact the right’s owner to establish whether the complaint is baseless or valid. If you have reason to believe the claim is unsubstantiated, explain your rationale and ask them in respect to retract the claim. However, if the claim is true, then accept the mistake and assure them that it won’t happen again. In addition, you can offer to stop selling the product in exchange for the retraction of the claim.
Making a Counterclaim
If you have evidence that you own the brand, you can make a counterclaim. Being registered under the Federal trademark goes a long way in proving your ownership of the brand. However, even with the Federal trademark registration, you should respond to the claim cautiously as this is not a guarantee. To learn more, go here!
Contact the E-commerce Company
If your account is suspended or removed, you can contact the company to request reinstatement. Inform them that you reached out to the right’s owner and show them that you fully understand the claim made against you by explaining the trademark law. After that, you can explain how you are in no way infringing on their rights. You should ensure that the evidence you give is in a well-organized format.
Prevention has always been better than cure, so searching the USTPO database thoroughly before launching a product on an e-commerce company is an excellent way to avoid spending time and money. Having a professional approve your trademark is also a good move for your business. Also, here's how a name is trademarked: https://youtu.be/ZXXBI_3ooBE