Last August, we tried to register an EU trademark but found it had already been squatted. Before the squatter's filing date, we had no sales in the EU – just some cross‑border orders from US customers.
We opposed the application through our IP agent and also filed our own EU trademark in parallel. Because of our opposition, their mark has been delayed, and ours actually registered first.
Now I'm planning to do a brand registry under a buyer account, then authorize it to our main seller account (which already has a US trademark). Will that work?
If it works – both marks are in the same class (Class 21) – does that mean the squatter won't be able to register their brand on Amazon, and we have no infringement risk?
We could also try to buy the mark from them, but they'll probably ask for a crazy price. Usually, do squatters reach out after their mark registers, or after they file a complaint? Should we contact them first, or would that put us in a weak position?
Any advice appreciated.
Answers (6)
Also, if they're a professional squatter, they may have multiple applications. Don't assume they'll give up easily. But your own registered mark is a strong shield.
A few extra points:
If the squatter is purely after money, they'll contact you after their mark registers (or after they successfully take down one of your listings). Don't panic – you have your own registration and can appeal. Only negotiate if the price is reasonable.
Using a buyer account for brand registry works fine. Then authorize to your main account. Your US trademark is separate – no conflict.
If both marks are identical in name and class, and you already have a registered EU mark, the squatter's application might not even proceed to registration. Even if it does, they could still try to file a complaint. But because you have prior use evidence (your US sales that shipped to EU customers before their filing date) and your own registration, you have strong grounds to appeal any Amazon complaint. Amazon doesn't always respect regional boundaries, but with your evidence, you can fight back.
I'd recommend not contacting them first. Let them make the first move. If they're just trying to extort, they'll reach out after their mark registers (or after they try a complaint). Keep your cool.