Does the Transparency Program Trump a Registered Trademark?
I've encountered an issue with a seller, Umoose, who has infringed on my trademark by using the name and creating their own logo for my brand. I reported them, and they were removed. However, I recently discovered that they had added my products to the Transparency Program, even though I hold the brand's registration under my account with a registered USPTO trademark.
Now, I'm unable to sell my products because they lack the Transparency sticker that was fraudulently added by the infringing party. To make matters worse, Amazon has allowed the seller to resume selling the product, despite their ongoing trademark infringement.
I'm confused as to how the Transparency Program can override a registered trademark. What checks are in place to ensure that products entered in the Transparency Program are accurate and legitimate? How is it possible for me to be the rights owner of a brand, yet someone else can add my products to the Transparency Program without my consent?
This entire situation is disheartening and incredibly frustrating.
Does the Transparency Program Trump a Registered Trademark?
I've encountered an issue with a seller, Umoose, who has infringed on my trademark by using the name and creating their own logo for my brand. I reported them, and they were removed. However, I recently discovered that they had added my products to the Transparency Program, even though I hold the brand's registration under my account with a registered USPTO trademark.
Now, I'm unable to sell my products because they lack the Transparency sticker that was fraudulently added by the infringing party. To make matters worse, Amazon has allowed the seller to resume selling the product, despite their ongoing trademark infringement.
I'm confused as to how the Transparency Program can override a registered trademark. What checks are in place to ensure that products entered in the Transparency Program are accurate and legitimate? How is it possible for me to be the rights owner of a brand, yet someone else can add my products to the Transparency Program without my consent?
This entire situation is disheartening and incredibly frustrating.
1 reply
Dougal_Amazon
Hello @Seller_EkcY51YVYPkXe,
My name is Dougal from the Community Manager Team and I can assist here. First you can reference the eligibility requirements for Transparency HERE.
In order to enroll in Transparency, a brand must be enrolled in Amazon Brand registry, the account that is enrolling must be the "rights owner," the TM must be active and registered (not pending) and a Global Trade Item Number (GTIN) is required for each product being enrolled.
For the specific question you raised here. No, Transparency cannot "override a registered Trademark." Trademark owners are managed at the Trademark office in the corresponding country and NOT by Amazon (for example, for a TM registered with USPTO, the current owner tab on the TM is managed by that owner and any changes must be submitted by that owner and to USPTO directly).
I realize this doesn't "fix," what is actually going on. I will be happy to look closer. Do you have a case ID with either Brand Registry support or Seller Support that provides this same info to the support teams, ideally with more specific info like the ASIN or ASINs that you are experiencing the Transparency requirement for?
Looking forward to investigating further and assisting wherever I can.
Best, Dougal
