Our trademark registered brand name is already registered by another brand that does not have ownership to the name
Hello!
Thank you so much to anyone who can help offer some guidance on this situation we find ourselves in.
Here is the context:
In December of 2023 we applied for brand registry for our company Fido's and our application was rejected even though we have a registered trademark, images of our products with the trademark, and all of the necessary invoice and receipt documentation. We tried to appeal the rejection, but this also did not work and our application remains 'under review'. The case ID for this is: 14490861131.
Upon further inspection in the last week, we have discovered that the company Fido's Pet Care Products has their brand registered store under the store name 'Fido's', although their trademark registered wordmark is 'Fido's Pet Care Products'.
To make matters more confusing, our two listings, ASINS: B0CRPPYGTP and B0CRPPNTLD are now linked to the Fido's store, which is not our brand registered store...it is the company Fido's Pet Care Products store.
In this case, it seems to us that Fido's Pet Care Products needs to change their brand registered store name to Fido's Pet Care Products, since we own the right to the name 'Fido's'.
Unfortunately the only advice we've been given by Amazon Brand Registry Support is to submit a report of infringement, which does not really apply to us because that report tool is to report sellers that are using our trademark on their product.
We are going to reach out to the other company to ask them to change their store name to 'Fido's Pet Care Products' and will get an attorney involved if needed, but wanted to see if there is anything we can do in the meantime.
I have brought this to Amazon's attention in multiple cases, spoken with Seller Support, Advertising Support, and Brand Registry Support but haven't gotten very far.
Thank you for any guidance or information that might help us move forward with this.
-Nicole
Our trademark registered brand name is already registered by another brand that does not have ownership to the name
Hello!
Thank you so much to anyone who can help offer some guidance on this situation we find ourselves in.
Here is the context:
In December of 2023 we applied for brand registry for our company Fido's and our application was rejected even though we have a registered trademark, images of our products with the trademark, and all of the necessary invoice and receipt documentation. We tried to appeal the rejection, but this also did not work and our application remains 'under review'. The case ID for this is: 14490861131.
Upon further inspection in the last week, we have discovered that the company Fido's Pet Care Products has their brand registered store under the store name 'Fido's', although their trademark registered wordmark is 'Fido's Pet Care Products'.
To make matters more confusing, our two listings, ASINS: B0CRPPYGTP and B0CRPPNTLD are now linked to the Fido's store, which is not our brand registered store...it is the company Fido's Pet Care Products store.
In this case, it seems to us that Fido's Pet Care Products needs to change their brand registered store name to Fido's Pet Care Products, since we own the right to the name 'Fido's'.
Unfortunately the only advice we've been given by Amazon Brand Registry Support is to submit a report of infringement, which does not really apply to us because that report tool is to report sellers that are using our trademark on their product.
We are going to reach out to the other company to ask them to change their store name to 'Fido's Pet Care Products' and will get an attorney involved if needed, but wanted to see if there is anything we can do in the meantime.
I have brought this to Amazon's attention in multiple cases, spoken with Seller Support, Advertising Support, and Brand Registry Support but haven't gotten very far.
Thank you for any guidance or information that might help us move forward with this.
-Nicole
20 replies
Seller_CW0P5hgbsiqWX
There is a solution, maybe. Send your USTPO Documentation to Amazon's Legal office in Seattle by certified mail. In a well crafted letter, explain that you are the legal rights owner in the USA.
Now why I said, Maybe. Years age Amazon didn't care about USTPO registrations. anybody could make up a brand name and sell a product. If the brand has sales, of was a brand name used in another country, there may be a problem sorting things out.
Jim_Amazon
Hi @Seller_8R9GIXxslXG7e!
I appreciate you bringing this to our attention and doing the due diligence of investigating yourself!
I'm happy to say that as far as I can see, this other company doesn't seem to be impacting your application. I'm going to escalate this to the team for a secondary review! I can't guarantee that your appeal is accepted, but I want to try. I'll keep you updated!
-Jim
Seller_49dmUVrGfQxPw
It doesn't matter what your Amazon store is called. It can be different from your Brand. I would just change it to Fido Mart or something and get on with sales. The name of my store is a very generic name. I know that's not what you want to hear, but that's what I would do. Sorry you are dealing with this.
Seller_rI7BZIczK8iAC
Maybe I have to disappoint you a bit. When I have seen the brand you are talking about, "Fido", I was very surprised. In Europe, this is a very well known brand for pet products and it belongs actually to Nestlé! So, it's the question, if with "your" brand name you don't want to take benefit of an already well known pet product.
On your place I would not like to have Nestlé as my opponent. If you are just beginning, maybe it would be wise to change your brand.
