Amazon Listing Blocked by a Trade Mark Complaint

Your Amazon listings have been blocked because someone filed a trade mark complaint. Behind it there is often a mark registered only recently, covering exactly the goods you have been selling for years. Shortly afterwards a payment demand arrives outside the platform. This can be stopped, and faster than most sellers expect.

Why Amazon blocks even though you are in the right

When a complaint is filed through the infringement procedure, Amazon does not examine whether an infringement actually exists. It checks only whether the asserted right exists under the registration number given. Older company signs held by the seller, the absence of any intention to use the mark, and the question of who was there first play no role at platform level.

That is precisely the business model: registering a mark covering the exact classes of an established seller allows a third party to shut down their turnover through the platform mechanism, without ever going to court.

The case that shows how it works

On 14 January 2026 the Regional Court of Stuttgart granted an interim injunction against exactly this conduct (case no. 17 O 7/26). The timeline is instructive:

  • 18 August 2025: the respondent registers a German word mark with the German Patent and Trade Mark Office covering classes 1, 11 and 22, precisely the applicant’s product categories. He had registered 74 marks worldwide, 15 of them in that single month.
  • 21 November 2025: Amazon notifies the seller that five ASINs have been blocked.
  • 24 November 2025: a lawyer’s letter is sent to Amazon demanding reactivation.
  • 28 November 2025: Amazon reactivates the listings. No withdrawal by the complainant was required.
  • 2 January 2026: the same party blocks again, now under a different nickname and a different registration number.
  • 14 January 2026: the court prohibits him from asserting trade mark infringement towards Amazon. Value in dispute 37,500 euros, administrative fine up to 250,000 euros.

Two points matter. First, reactivation was quick and did not depend on the other side. Second, the next attack came five weeks later. Anyone who stops after reactivation has merely bought time.

The legal basis

The court did not rely on the formal register position but on the overall picture: a targeted registration for exactly the competitor’s goods, no discernible serious intention to use, the blocking effect used as leverage through the platform, and the close timing with payment demands. That amounts to an unjustified warning under an industrial property right and to targeted obstruction under section 4 no. 4 of the German Act Against Unfair Competition.

  • The Federal Court of Justice has held that using the blocking effect of a German trade mark registration for purposes alien to its function, as a weapon of competition, is unfair (judgment of 10 January 2008, I ZR 38/05, AKADEMIKS).
  • Abuse exists where the proprietor deliberately brings about the apparent infringement in order to assert claims (Higher Regional Court Frankfurt am Main, 27 October 2011, 6 U 179/10, ALPLAND).
  • A company sign used earlier than the mark was registered can be raised as a defence under section 6 of the German Trade Mark Act.
  • Where the opponent is based abroad and has no place of jurisdiction in Germany, German law and German jurisdiction still apply if the complaint affects the German marketplace.

If your listings are blocked right now, every day counts. Get in touch or call us directly: +49 228 387 560 200.

Frequently asked questions

How quickly can I get my listings back?

Faster than many expect. In the Stuttgart case four days passed between the lawyer’s letter to Amazon and reactivation. That is no guarantee, but a reasoned demand for reactivation is usually the quickest route.

Can Amazon lift the block without the complainant?

Yes, that happens. More often Amazon requires the complainant to withdraw. The legal steps therefore target both: reactivation by Amazon and an injunction against the complainant.

The complainant holds a registered mark. Do I stand a chance?

Yes. What matters is not the formal register position but the overall picture. A mark registered shortly before, covering exactly your goods, not used by its proprietor and immediately followed by payment demands, is strong evidence of abuse.

Should I pay to end the block quickly?

No. Payment does not end the conduct. In the decided case the same party blocked again five weeks after the first reactivation, under a different name.

My listings are back online. Am I safe now?

Not necessarily. Unless the complainant is under an injunction, the complaint can be repeated from another account and with another mark.

Can I recover lost profit?

A damages claim comes into consideration where the warning was unjustified. The Higher Regional Court of Nuremberg confirmed this for unjustified Amazon trade mark complaints in July 2025. Document your loss of turnover during the blocking period.

Can I have the mark cancelled?

Possible, but slow. The Federal Court of Justice requires an intention to harm or obstruct at the time of filing. The unfair competition route is quicker; both can run in parallel.

The other side contacts me via Telegram or email. What should I do?

Document the entire correspondence. The close connection between the block and a payment demand outside the platform is a central indication of abuse and mattered in the Stuttgart proceedings.

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