To put it simply, Trade Dress is the overall appearance of your product on any marketplace; it includes packaging and labeling. As a Trademark, Trade Dress is or also can be protected under trademark laws. Trade Dress includes such important features as image, size, shape, color texture, and combinations. It’s literally the “dress” of a product, without which the product is naked and prone to a lot of negative effects.
Choice of Dress on Amazon
Amazon does not allow Trade Dress violations on its platform, which makes total sense. Therefore, before creating your logo, check it against every possible database; maybe somebody has already used it on Amazon. This is especially true for generic logos downloaded from font or logo websites. If you don’t find your logo, it is better to protect it in order to avoid Intellectual Property suspensions, which we talk about here. If you do not have enough experience in working with USPTO, it is better to hire an Intellectual Property attorney for checking existing labels, and then file your logo for protection. We at Got Suspended Clients come across with Trade Dress violations every day and have a huge experience in handling such kind of issues. Our Amazon reinstatement service can help you not only with your label registration, but also give you useful guidelines on how to avoid Trade Dress Infringement in your operation on Amazon.
The protection of your brand is crucial for your business since Amazon is considered to be one of the most popular e-commerce platforms where competition between sellers is really enormous. Without protecting your brand, someone can take your design and you’ll be at the risk of getting suspended because of an IP violation.
Dressed to Last
Compared to patent or copyright protection, where you receive protection for seventy years, Trade Dress protection does not have any timeframes. In most cases, trade dress issues occur when sellers copy other brands’ packaging, shapes, or schemes. If you are using another seller’s content, label, colors, or picture, yet use another brand name, you are still in the risk zone. Most sellers think that if the name of the brand is different, they can freely use the features of other brands. Never do that. If Amazon finds out about it, you will probably lose your seller privileges immediately. However, in most of the cases, trade-dress accusations are baseless, since competing sellers accuse each other in trade dress violation in order to cut competition.
Keep in mind that if you are accused of a trademark violation, only attorneys will be able to handle the issue properly. Since it is a legal issue, it is better to trust it to professionals like Got Suspended Clients. In most cases, Trade Dress infringement against the sellers is baseless. So, you will have to negotiate with the right owner and Amazon.
Fair Enough, But How?
First of all, we reach out to the complainant and ask them to retract their complaint. Then we working on your Plan of Action. Got Suspended Clients ‘appeal reinstatement service consists of professional paralegals who have great experience in writing appeal letters. Do not hesitate, feel free to contact us, and we will handle any legal issue with your Amazon business.