I got a gut-wrenching email from Amazon saying my bestselling t-shirt design had been removed due to trademark infringement. After pouring hours into creating the perfect design and building up sales momentum, seeing it vanish overnight is devastating.
Trademark issues are one of the biggest threats to Merch by Amazon sellers. I’ve learned the hard way that Amazon doesn’t play around when it comes to intellectual property rights. They side with trademark owners every time—regardless of whether you were using a phrase before it was trademarked.
In this guide, I’ll share everything I’ve learned about protecting your Merch by Amazon business from trademark troubles, including tools like the Merch Informer Chrome extension, common pitfalls to avoid, and strategies to keep your account safe for the long haul.
Understanding Merch by Amazon Trademark Policy
Amazon’s trademark policy is straightforward but strict. They have zero tolerance for intellectual property violations, and the consequences can be severe:
- Immediate removal of infringing designs
- Strike against your account
- Possible account suspension or termination
- Potential legal action from trademark holders
I’ve seen talented designers lose their entire income streams overnight because they didn’t take trademark protection seriously. The worst part? Amazon doesn’t give second chances when it comes to trademark violations.
Why Amazon Is So Strict
The platform takes this stance for good reason. As one of the world’s largest retailers, Amazon faces constant scrutiny from brands and trademark holders. By strictly enforcing intellectual property rights, they protect themselves from liability while maintaining relationships with major brands.
For us sellers, this means we need to be extra vigilant about checking for trademark issues before uploading designs.
Common Trademark Pitfalls for Merch Sellers
The Viral Phrase Problem
One of the trickiest challenges I’ve faced is with viral phrases and trends. Here’s the typical scenario:
- A phrase goes viral on social media
- Merch sellers (including me) rush to create designs
- Someone files a trademark for the phrase
- Existing designs get removed, often months later
I once had a whole line of designs using a popular catchphrase that was completely unprotected when I created them. Six months later, they were all removed because someone had trademarked the expression in the meantime.
The “Common Phrase” Misconception
Another dangerous myth is that “common phrases” can’t be trademarked. This simply isn’t true. While generic terms alone might not qualify for trademark protection, phrases combined with specific design elements or used in particular contexts absolutely can be protected.
I’ve seen sellers lose designs with phrases like:
- “Best Dad Ever”
- “Born to Fish”
- “That’s What I Do”
All of these seemed too common to be trademarked, but they were—at least in certain contexts related to apparel.
Essential Tools for Amazon Merch Trademark Protection
Merch Informer Chrome Extension
The Merch Informer Chrome extension has become my go-to first line of defense. With over 30,000 users and a 3.52/5 rating based on 25 reviews (as of September 2024), it’s a popular choice among Merch sellers.
How It Works:
- Integrates directly into your Amazon upload page
- Checks USPTO database in real-time
- Focuses specifically on the 025 category (clothing/apparel)
- Flags potential trademark issues before you publish
Limitations to Be Aware Of:
- Only checks title and bullet points (not design elements)
- Requires a Merch Informer account to log in
- Some users report failure to detect certain trademarks like “The Halo Effect”
- Database can sometimes be outdated, causing false negatives or positives
Manual USPTO Trademark Search
Despite using tools like Merch Informer, I always perform a manual search on the USPTO website for any phrases I’m uncertain about. This extra step has saved me from potential violations numerous times.
Steps for a thorough USPTO search:
- Visit the USPTO TESS database
- Search for your exact phrase
- Pay special attention to Class 025 (clothing)
- Check if the trademark is “LIVE” or “DEAD”
- Look at the filing date to understand if it’s recent
This might seem tedious, but it’s worth the peace of mind and account protection.
Practical Strategies to Avoid Trademark Strikes on Merch by Amazon
Create Truly Original Designs
My safest designs have always been completely original concepts rather than trending phrases. By focusing on unique artistic expression, I’ve built a catalog that’s much less susceptible to trademark issues.
Set Up Regular Trademark Monitoring
Even after publishing designs, I check my catalog against trademark databases quarterly. This proactive approach lets me remove potentially infringing designs before Amazon does.
- Use a spreadsheet to track all phrases used in your designs
- Run batch searches against USPTO database
- Remove designs that might conflict with new trademarks
Be Extra Cautious with Certain Categories
I’ve found that some niches are particularly trademark-heavy:
- Sports teams and organizations
- Video games and entertainment franchises
- Popular brands and their slogans
- Fitness and motivational phrases
When working in these areas, I triple-check everything and avoid anything that even remotely resembles a protected phrase.
What to Do If You Receive a Trademark Strike
Despite your best efforts, you might still receive a trademark strike. Here’s what I do when this happens:
- Immediately remove any similar designs from your catalog
- Respond professionally to Amazon’s notice
- Never reupload the removed design
- Learn from the experience to improve your trademark checking process
Remember that arguing with Amazon about trademark decisions is almost always futile. They consistently side with trademark holders, even in questionable cases.
Conclusion
Protecting your Merch by Amazon business from trademark issues requires vigilance, the right tools, and a proactive approach. While tools like the Merch Informer Chrome extension can help, they’re not foolproof. The most successful sellers combine automated checks with manual research and a healthy dose of caution.
I’ve learned to see trademark protection not as an annoying obstacle but as an essential business practice. By building strong trademark checking habits, you’ll create a more sustainable Merch by Amazon business that can thrive for years to come.
Remember, it only takes one serious trademark violation to jeopardize your entire Merch account. Take the time to do it right, and you’ll sleep better knowing your designs and account are protected.
FAQ Section
What is Merch by Amazon trademark infringement?
Merch by Amazon trademark infringement occurs when a seller creates and uploads designs containing phrases, logos, or artistic elements that are protected by trademark law. This can happen intentionally or unintentionally, but Amazon treats all cases seriously and generally removes the infringing designs while potentially issuing account strikes.
How reliable are Amazon trademark protection tools like Merch Informer?
Amazon trademark protection tools like Merch Informer offer a good first line of defense but aren’t 100% reliable. Users report mixed experiences, with some trademark issues slipping through the cracks. These tools should be used as part of a broader protection strategy that includes manual USPTO searches and ongoing monitoring.
How much does a Merch Informer trademark check cost?
Merch Informer subscription plans start at around $20/month, which includes access to the trademark checking tool. Many users find this reasonable given the potential cost of trademark violations, though some report the price is high relative to the tool’s effectiveness. Free alternatives exist but typically offer less comprehensive protection.
What’s the best trademark protection for Merch by Amazon sellers?
The best trademark protection combines multiple approaches: using tools like the Merch Informer Chrome extension, performing manual USPTO searches, maintaining a database of your designs for regular review, and staying informed about trademark law changes. No single solution offers complete protection.
How can I prevent trademark strikes on Amazon?
Prevent trademark strikes by thoroughly researching all text in your designs before uploading, focusing on original artistic concepts rather than trending phrases, regularly monitoring your existing catalog against new trademark registrations, and immediately removing any designs that might conflict with newly registered trademarks.
What are effective Merch by Amazon trademark avoidance strategies?
Effective strategies include creating truly original designs, avoiding phrases altogether when possible, focusing on niches with fewer trademark concerns, building a personal brand around your unique style, and implementing a multi-step verification process before uploading any new design.
Does Amazon’s trademark policy for sellers protect me if I used the phrase first?
No, Amazon’s trademark policy favors registered trademark holders regardless of who used the phrase first. Even if you were using a phrase before someone trademarked it, Amazon will still remove your designs if a valid trademark owner files a complaint. This is why ongoing monitoring is essential.
**What’s the most thorough way of trademark checking for Merch by