Amazon Account SUSPENDED - Plan of Action & How to Appeal - Trademark Infringement - Amazon FBA UK

Published: 25 February 2019
on channel: Darren - FBA Elite (FBA Elite)
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How to appeal an Amazon seller account suspension or FBA product suspension with a detailed Plan of Action!

One of my private label products was suspended due to an Amazon intellectual property rights infringement complaint.

If your Amazon FBA account has been suspended or one of your products has been disabled, suppressed or locked I would recommend following these steps.

1) Stay calm and try to remove any emotion when dealing with Amazon Seller Support!
2) Don’t reply immediately – give yourself time to research what has happened and reply with a good plan of action that will get your Amazon account reinstated.
3) Search Google for the keywords from the suspension email – others will have experienced this before when selling on Amazon.
4) Get support from other sellers e.g. contact me, Facebook groups, contact a mentor etc.
5) Do exactly what Amazon tell you to do!
6) Ask your supplier to provide an invoice confirming your Amazon product listing does not infringe any intellectual property rights or Trademarks.
7) Replace every part of your Amazon listing (temporarily).
8) Include you Amazon FBA Seller ID, Complaint ID, Trademark number and ASIN(s) in email.
9) Provide a detailed plan of action (POA) covering each section Amazon request.
10) Have a wide range of products so that in the worse case scenario you can delete the ASIN instead of losing your entire Amazon account.
11) Don’t rely 100% on making money on Amazon, have multiple income streams.

This is the appeal letter Plan of Action template that I used to get my product reinstated.

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Complaint ID:
Trademark :
Seller ID:
ASIN:

Hello,

Thank you for providing me the opportunity to appeal, I have now made additional changes to the product listing.

I would like to share with you my plan of action to show what I have done to resolve the issue and also to ensure this does not happen again.

What happened:
I received a trademark infringement Complaint ID:xxx for Trademark : xxx
The rights owner has reported my Amazon product listing for ...

Greater detail on the root cause(s) of the infringement.
I believe this has happened as my listing description contained...
We used ... as a descriptive term and did not know it was protected.

Proof of product authenticity
I have attached an invoice from the supplier (Invoice.pdf) of this product confirming that the product does not contain any ... or infringe any Trademark or Intellectual Property rights.
Please note the following text from the attached invoice:
"SPECIAL NOTE: Item “...” sold as ASIN “...” does NOT contain “...” and does not infringe any Trademarks or intellectual property rights."

Greater detail on the actions you have taken to resolve issues.
The product title has been removed and replaced
The product description has been removed and replaced
The product bullet points have been removed and replaced
The product photos have been removed and replace
All mentions of ... have been removed

Greater detail on the steps you have taken to prevent infringement going forward.
Before listing any new products for sale on Amazon, I will verify that the products or listings do not violate anyone's intellectual property, trademark, copyright or a patents.
I will also ask my supplier to confirm the product does not contain any elements that violate anyone's intellectual property, trademark, copyright or a patents
I will regularly read Amazons guidelines and policies to ensure that I am not in violation of any rules.

I believe this plan addresses the issue and I hope I will be able to continue selling on Amazon.

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Hello,

We are contacting you because we received a report of trademark infringement from the rights owner listed below. We removed the following trademark(s) from the detail page(s) for the content listed at the end of this email:

How do I reactivate my listing?
If you believe this complaint was made in error, please respond directly to this email and provide an invoice as confirmation.

OR

Please modify your product and product detail page to ensure they do not infringe on the trademark of the rights owner listed below. Once this is done, email us at [email protected].

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Hello,

Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights owner. Please provide the following information so we can process your appeal:

-- Proof of product authenticity
-- Greater detail on the root cause(s) of the infringement.
-- Greater detail on the actions you have taken to resolve issues.
-- Greater detail on the steps you have taken to prevent infringement going forward.
-- Greater detail on why you believe an error has occurred.

--

Hello,

We cannot accept your appeal because the content on your product detail page has not been modified to exclude infringing content. Please provide the following information so that we can process your appeal.