How to Safeguard Your Account Health by Avoiding Trademark Violations

Introduction: The Importance of Account Health

For amazon sellers and other online vendors, the importance of account health cannot be overstated. An account can be jeopardized by the simplest of errors, such as the use of a trademark without authorization. The trademark infringement can result in accounts being flagged, products being removed, or accounts being permanently suspended.

Amazon, like other online marketplaces, has set policies that protect buyers and sellers, which means as a vendor, you need to know how to stay in compliance to avoid trademark infringements. This article defines the term trademark, describes what infringements are and the various ways accounts can be kept safe.

Definition of Trademark

A trademark refers to a word, name, sign, symbol, or design that describes a sign and can identify a particular brand. Trademarks serve to distinguish similar products. An example includes: 

A trademark of goods and services by the brand “Nike” is the swoosh logo which is widely recognized.

“Apple” as a company is also widely recognized by the symbol which is a bitten apple and trademarked.

The famous tagline “Just Do It” also serves as a trademark, brands and companies use phrases to trademark phrases.

Corporations and companies use trademarks to identify and protect their brands, however, unauthorized use of a trademark can result in serious legal or infringement business consequences.

Consequences of Trademark Violations on Your Account Health

Trademark violations impact your legal standing and in the case of an online marketplace such as Amazon, your seller performance metrics and account dashboard as well. The impacts are as follows:  

Policy Violations: Policy violations are an Amazon policy infraction which require action to be taken which in this case is a warning.  

Product Removal: Amazon removes trademarks violations products from their marketplace. In this case, Amazon removes the listing.  

Account Suspension: Seller accounts may be suspended or permanently banned following a series of policy violations.  

Loss of Customer Trust: Canceled accounts and suspended or removed product listings often damage customer perception and trust and may lead to loss of trust from customers and buyers.  

To summarize, protecting account health requires preventing trademark issues proactively.  

Major Causes of Trademark Violations  

Understanding the common causes of trademark violations is the first step in protecting your account and avoiding trademark issues. The most common violations are:  

1. Using Brand Names Without Permission  

Permissible use- product identifiers: “compatible with iPhone” is permissible. “Apple iPhone Case” is not.  

2. Copying Logos or Images  

A trademark removed from a product advertisement permits such acts as trademark violations.

3. Similar Brand Names  

Attempting to mimic well-known brand names is a common practice among sellers. Rather, Nike is called “Niky” for shoes. This constitutes a violation.  

4. Using Trademarked Phrases  

Certain phrases are registered. Nike, for instance, holds the trademark for “Just Do It.” Using it as a product name or in description can lead to loss of the listing by Amazon.  

5. Unauthorized Reselling  

Branded goods can attract the ire of the brand for unauthorized reselling, for the brand can lodge a complaint against you.  

How to Check if Something is Trademarked  

Letting violations of trademarks happen is impossible if adequate research is conducted beforehand. Here are simple guidelines.  

Use USPTO Database – Within the country, the United States Patent and Trademark Office website serves as an authoritative source.  

Amazon Brand Registry – A good number of brands are registered with Amazon. Search there for confirmation.  

Google Search – A name or phrase can sometimes be checked for protection status with a simple search.  

Hire a Trademark Attorney – Obtain legal advice if unsure.  

Best Practices to Prevent Trademark Violations  

Now let’s focus on safe practices. These practices should keep your Amazon account in good standing for a longer duration.

1. Develop Product Titles That Are More Generic  

Instead of “Apple iPhone Charger” one could say “Fast Charging Cable Compatible with iPhone”  

2. Pictures Should Not Contain Logos  

Only show your own product photos. Brand logos or symbols should not be added without granted permission.  

3. Sell Genuine Products  

Creating a brand allows you to register a trademark. This means no one will be able to file complaints against you.  

4. Exercise Caution With Keywords  

Adding trademarked names into the keyword field for the backend search will not be allowed. This will also be monitored by Amazon.  

5. Apply for Brand Authorization  

Selling a branded product without the required authorization or distributorship is not allowed.  

6. Supervise Complaints All the Time  

Amazon allows checking the account and health dashboard. Any complaints should be attended to quickly to prevent suspension.  

Additional Steps for B2B Sellers  

B2B sellers are at a greater risk of trademark infringement. Businesses that buy in bulk are not able to source from suspended accounts due to the long term agreements made with the suppliers.  

Provide documents proving authorization to sell branded products to the seller.  

Supply copies of the documents proving authenticity upon request from Amazon.  

Establish a trademarked brand to legally sell at wholesale without trademark violations.

Real Life Example: Seller Account Suspension Due to Trademark Violation  

Consider a seller named John. He was not an authorized seller for Nike, but he listed “Nike sports shoes.” As a result, Nike complained to Amazon.  

John’s product was removed.  

His account health score declined.  

His account was suspended after three strikes.  

John was required to appeal with invoices and brand authorization documents. He was suspended for weeks and lost many sales.  

This example illustrates the importance of taking proactive measures, as trying to resolve issues after the fact is far more complicated.  

Additional Suggestions for Maintaining Account Security  

Avoid using “works with” as a brand name.  

Educate team members on trademark regulations.  

Keep proofs of purchase from vendors, manufacturers, and distributors.  

Craft unique product descriptions in your account using your own words.  

Extra Tips to Keep Your Amazon Account Safe  

Use brand names minimally, and only within product descriptions to denote compatibility, such as “works with.”  

Trademark Violation FAQs  

Q1. What are the consequences of violating a trademark on Amazon?  

Product removal will result in warning and account suspension.  

Q2. Can I brand my product using well-known brand names?  

You can only name them as compatibility references such as “works with” but not as your own brand.  

Q3. How do I find out if a word has been trademarked?  

By looking it up on the USPTO Website, Amazon’s Brand Registry, or seek legal counsel.

Q4. What are the legal consequences of filing a complaint against a brand that is untrue?

You may present your invoices and legal documentation to Amazon as evidence. 

Q5. Is it possible for a small-scale seller to file for a trademark registration on their own?

Yes, and it is advisable to do so. It strengthens your protection to have a registered trademark.

Q6. How do trademarks and copyrights differ?

Trademarks protect names and logos of brands whereas copyrights pertain to books and music.

Q7. What are the trademark violations impacts on B2B sellers?

It destroys supplier agreements as well as enduring collaborations which is a major financial setback. 

Q8. How do I create titles without trademarked words that are used as keywords? 

Creating titles that are original is a good start, along with calling an “Apple Charger,” “wireless charger.”

Q9. What is Amazon Brand Registry?

It is a tool that safeguards registered trademarks against counterfeiting and brand misuse.

Q10. What actions will restore account health after a breach?

Resolve the problem and if need be, appeal after providing compliance proof.

Closing Summary

Regaining account health is an essential part of selling on Amazon. It is like a heartbeat—vital and fragile. Violating trademark rules can dramatically destabilize a business. However, safety can be achieved if sellers adhere to the guidelines, such as using generic terms, ensuring authenticity of products, and conducting trademark checks prior to listing items.

The account health for B2B sellers is paramount, given the need for protecting accounts for compliance and documentation, and the brand-building activities for reputational purposes. 

Avoiding account suspension is almost always preferable to account recovery. Risk mitigation, compliance, and account health monitoring are critical for avoiding account suspension.