Services

Our services are centred around intellectual property that can be registered. We protect innovation, design, and branding across all sectors of industry, and at all stages in the supply chain.

For each IP right we offer services covering strategic advice, pre-registration searches, registrations and renewals, oppositions and dispute resolution. We handle work throughout the world, working with local colleagues in over 100 countries.

Sectors

Our attorneys specialise in one or more sectors of industry, which enables them to provide quality advice with a commercial focus.

Our patent specialists have detailed understanding of the background technology, which ensures that your patent applications are prepared with the correct scope, reducing the likelihood of challenges from third parties and objections from the patent office.

They also advise whether other forms of protection would be more appropriate. Our brand specialists work with brand managers for leading brands and their advice is commercially focussed making sure that you get the best value from your budget.

What can you do when your product listing has been removed under Amazon’s IP policy?


9th Oct 2020

Amazon’s intellectual property (IP) policy is designed to protect sellers by preventing the sale of counterfeit or knockoff goods on Amazon’s various websites. But, what can you do, as a seller, if you think one or more of your product listings has been unfairly removed because of an existing registered design (or design right)?

Amazon’s IP policy allows an IP rights holder to take down Amazon listings of products that are allegedly infringing IP rights such as a registered design, a registered trade mark, or a patent. However, there is a problem in that registered designs that are potentially invalid can be used by their proprietor to remove an Amazon product listing.

European and UK registered patents and trade marks are substantively examined by an IP office before they are granted, which means that they are likely to be valid if used to remove a product under Amazon’s IP policy. However, European and UK registered designs are not substantively examined before registration. The EUIPO and the UKIPO instead only carry out a formalities examination. This type of examination procedure results in lower filing and prosecution costs, but it leaves open the question of whether or not the registered design is new and has individual character.

So, what can you do if a registered design has been used to remove your Amazon product listing?

One option is to apply to invalidate the registered design that is being used against you if you that it is the same or similar to an earlier disclosed design. You can apply to invalidate a registered UK design at the UK Intellectual Property Office, and you can apply to invalidate a registered Community design at the EU Intellectual Property Office.

A registered design can be invalidated on a number of grounds, but the most common grounds are that the registered design lacks novelty over an earlier published design or product, or that the design lacks individual character over an earlier published design or product. If the registered design is not new, or if the registered design has the same overall impression as an earlier published design, then an invalidation action should be successful.

There is also the added benefit that, should the application for invalidation be successful, the applicant can make a claim for costs for filing the application for invalidation from the registered design proprietor.

At Reddie & Grose we can help you to apply to invalidate a registered design that is being used against you. Invalidating the registered design should allow you to relist your product on Amazon (or eBay etc.) so that you can keep selling. We can also help you to defend against, or respond to, an application for invalidation of one of your own registered designs.

If you would like any assistance on anything discussed in this article, or if you would like further information, then please contact us.

This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.

Author
Ian Whitfield
Associate
About the author

Would you like to know more? You can talk to Ian Whitfield who will be able to help. Call +44 (0)20 7242 0901

EmailVCard

Register for notifications
Enter your email address here to receive our monthly bulletin of IP news and developments.
    Please read our privacy notice.
Saved Staff
Staff member

Remove all

Saved profiles
Call +44 (0)20 7242 0901
Call +44 (0)1223 360 350
Call +49 (0) 89 206054 267
Call +(00) 31 70 800 2162