Product Flagged As Trademark Misuse For Inaccurate Reason
We have a product that was inaccurately marked as trademark misuse for the brand GUESS and need help and guidance in resolving this issue. Our listing title contains the phrase "Guess What Day It Is". While it uses the word "guess", it is not using it as it pertains to the brand and does not violate trademark use regulations. However, seller support is telling us that the only option is to remove the word "guess" because it is a trademarked term. GUESS the brand does not have a monopoly on the word "guess"; they have trademark rights only as it pertains to their brand, not on the word in a descriptive sense or in ordinary use.
That would be like saying that if we created a brand named JUMP, then no one could use that word in their listings anymore unless they were associated with our brand - so no one could ever sell jump ropes, jump starters, or use the word "jump" in their product descriptions on the platform without our permission.
Are there any mods that could take a look at our case and escalate it to the appropriate team that can understand the nuances of trademark rights and the English language? Has anyone else run into this issue before and have suggestions on how to resolve the issue and reinstate our listing?
Case ID: 17871585351
ASIN: B00IXWL1WS
@Atlas_HAQM @Glenn_HAQM @Jim_HAQM @JiAlex_HAQM @Dougal_HAQM @SEAmod @Minerva_HAQM @Joey_HAQM
Product Flagged As Trademark Misuse For Inaccurate Reason
We have a product that was inaccurately marked as trademark misuse for the brand GUESS and need help and guidance in resolving this issue. Our listing title contains the phrase "Guess What Day It Is". While it uses the word "guess", it is not using it as it pertains to the brand and does not violate trademark use regulations. However, seller support is telling us that the only option is to remove the word "guess" because it is a trademarked term. GUESS the brand does not have a monopoly on the word "guess"; they have trademark rights only as it pertains to their brand, not on the word in a descriptive sense or in ordinary use.
That would be like saying that if we created a brand named JUMP, then no one could use that word in their listings anymore unless they were associated with our brand - so no one could ever sell jump ropes, jump starters, or use the word "jump" in their product descriptions on the platform without our permission.
Are there any mods that could take a look at our case and escalate it to the appropriate team that can understand the nuances of trademark rights and the English language? Has anyone else run into this issue before and have suggestions on how to resolve the issue and reinstate our listing?
Case ID: 17871585351
ASIN: B00IXWL1WS
@Atlas_HAQM @Glenn_HAQM @Jim_HAQM @JiAlex_HAQM @Dougal_HAQM @SEAmod @Minerva_HAQM @Joey_HAQM
3 replies
Seller_X4JUieaP4LQ5n
We still need help with this issue and appreciate any guidance or feedback that anyone can offer. If any other sellers have run into this same issue before, we would appreciate it if you would share your experience with us!
Cooper_HAQM
Good Afternoon @Seller_X4JUieaP4LQ5n,
A quick fix for this situation would be to update your title to follow the Product Title guidelines.
Order the words to reflect the most important product information upfront. You may consider the following order, if applicable:
- Brand name
- Flavor/style
- Product type name
- Key attribute (that is, the unique selling proposition of the product)
- Color
- Size/pack count
- Model number
As you are selling apparel, that is most likely the reason why you are being flagged as 'Guess' is a prominent brand in the apparel industry. You may use a partial flat file feed to make the edits to ensure your brand name comes first in your title.
If you do need help or run into any errors, feel free to share your batch ID with Selling Partner Support and share as much detail about any error messages that may have appeared.
In your appeal with the Trademark team, you can also let them know you updated the listing to edit the product title and share your batch ID with them too.
Please feel free to reach back out if you have any questions about the information shared above. Have a wonderful rest of your week.
Sincerely, Cooper_HAQM