Trademark & counterfeit complaint defense

Amazon Trademark or Counterfeit Complaint? Flat-Fee Appeal and Retraction Request

A trademark complaint can come from a brand you resell, a competitor with a similar mark, or a rights owner who objects to a word in your title. The response depends on which of those it is — and a DMCA counter-notice is never the answer to a trademark claim.

ZYL Law Firm answers Amazon and other marketplace trademark and counterfeit complaints for cross-border sellers. After a $250 written triage delivered in two business days, a full response is a flat $600: we organize authenticity evidence such as supplier invoices and the authorization chain, prepare the Account Health appeal, and ask the rights owner to retract where the complaint is mistaken. Trademark complaints are not answered with a DMCA counter-notice. Reinstatement is decided by the marketplace, and no outcome can be guaranteed.

Reviewed by Yaling Zhou, Attorney (CT, NY) · Rules reviewed:

Which kind of trademark complaint is it?

Counterfeit allegationThe rights owner says your units are fake. The core of the response is proof of a genuine supply chain: invoices traceable to the brand or an authorized distributor.
Genuine goods, unauthorized resellerYou sell authentic products the brand did not want you to sell. Resale of genuine, unaltered goods is often lawful under the first-sale doctrine, but "materially different" goods, warranty, or packaging issues can change that.
Brand name in your listingThe mark appears in your title, bullets, or keywords. Using another brand's name to describe compatibility can be permissible; using it as your own brand usually is not.
Similar mark on your own brandThe complainant says your brand name or logo is confusingly similar to theirs. This is a likelihood-of-confusion question and may involve both parties' USPTO filings.

What we check first

  • Is the mark registered, and for what?We look up the registration in USPTO records: owner, status, and the goods it covers. A registration for unrelated goods is weaker support for the complaint.
  • Who filed the complaint?The complainant should be the trademark owner or its agent. A mismatch between the filer and the registrant is worth raising.
  • What exactly is accused?The ASINs, the words or images at issue, and whether the complaint is labeled counterfeit or infringement — Amazon treats them differently.
  • What evidence do you hold?Supplier invoices, authorization letters, purchase records, and product photos. Invoices must be genuine; altered documents can end an account.

Response paths

Account Health appealA focused appeal with authenticity evidence and, where needed, a corrective plan for the listing content.
Retraction requestA letter to the rights owner or its counsel explaining why the complaint is mistaken and asking it to withdraw. A retraction often resolves the matter fastest.
Listing correctionWhere the mark is used in a way that invites confusion, revising titles and keywords can end the dispute without conceding infringement.
Your own trademark positionIf the dispute is between two brands, we assess your own registration options and any opposition or cancellation strategy before TTAB, which is quoted separately.

Mistakes that make trademark complaints worse

  • Filing a DMCA counter-notice.It does not apply to trademark claims and adds a U.S. court jurisdiction consent for no benefit.
  • Submitting invoices you cannot stand behind.Edited or unverifiable invoices are a common reason appeals fail and can lead to broader account action.
  • Paying the complainant informally.Do not pay anyone without written settlement terms that include a retraction.
  • Ignoring repeat complaints.Multiple IP complaints accumulate in Account Health even if each listing was minor.

How we handle a trademark complaint

  1. TriageNotice, ASINs, registration record, and your supply documents reviewed. Written answer in 2 business days.
  2. Choose the pathAppeal, retraction request, listing correction, or a combination — with the risks stated in writing.
  3. Prepare and submitWe draft the appeal and the letter to the rights owner and tell you exactly where to submit each.
  4. Follow upWe track the rights owner's response and the platform decision, and advise on next steps if the appeal is denied.

Fees

ServiceProfessional feeIncludesNot included
Infringement notice triage
Copyright, trademark, or patent complaint on any marketplace
$250One notice (up to 3 ASINs or listings); rights and ownership check; written memo with next steps within 2 business days. Credited in full if you engage us within 14 days.Formal response documents
Trademark / counterfeit complaint appeal$600Authenticity evidence (invoices, authorization chain); Account Health appeal; retraction request to the rights owner.Trademark ownership proceedings (TTAB)
Cease-and-desist letter responseResponse from $800; settlement agreement from $1,200Risk assessment, response letter, settlement negotiation and drafting.Litigation

Need your own U.S. registration for Brand Registry? See trademark application filing. Responding to a USPTO refusal instead? See trademark Office Action response.

Frequently asked questions

Can I file a DMCA counter-notice against an Amazon trademark complaint?

No. The DMCA counter-notice applies only to copyright claims. Trademark and counterfeit complaints are answered with authenticity evidence, a retraction request to the rights owner, or a corrected listing.

I sell genuine products bought from a distributor. Can the brand still complain?

It can file a complaint, but reselling genuine, unaltered goods is often lawful under the first-sale doctrine. Differences in packaging, warranty, or quality control can change the analysis, so the facts matter.

What invoices does Amazon expect for a counterfeit appeal?

Amazon generally looks for genuine invoices from the manufacturer or an authorized distributor that identify the products and quantities. Retail receipts and unverifiable documents are usually weak evidence.

Is a retraction from the rights owner better than an appeal?

Often. When the rights owner withdraws the complaint, the platform usually treats the matter as resolved. Where the owner will not respond, an appeal with evidence is the alternative.

Can you guarantee my listing will be reinstated?

No. Reinstatement is the marketplace's decision. We commit to a defined scope, prompt handling, and a candid assessment of your evidence.

What does the $600 fee include?

Organizing the authenticity evidence, drafting the Account Health appeal, and a retraction request to the rights owner. TTAB proceedings over trademark ownership are quoted separately.

Primary sources

Platform rules, deposits, and fees change; confirm against your notice and the current platform rules before acting.

Attorney Advertising. This page is general information, not legal advice, and does not create an attorney–client relationship. Listed amounts are professional fees only and exclude government fees, APEX deposits, court costs, and other third-party charges; the written quote controls. No lawyer can guarantee how a platform, evaluator, or court will decide, and prior results do not guarantee a similar outcome. Engagement is subject to a conflict check. Federal court matters are handled by counsel admitted to the relevant court, with local counsel where required.

Send the trademark complaint you received

Forward the Amazon notice (or a screenshot), the affected ASINs, and your supplier invoices or authorization letters to ip@zyllaw.com. We confirm the conflict check and the triage engagement before any work begins.

Start intake Email ip@zyllaw.com