Amazon sellers worldwide are facing an unexpected challenge: listings being abruptly taken down for allegedly infringing intellectual property rights. The surprising culprit? Common terms like "100%" that appear completely harmless at first glance.
One seller recently encountered this issue when her long-standing product was removed because the detail page contained trademarked terms that didn't match the brand name. Despite carefully vetting all keywords before listing, she discovered the violation stemmed from using "100%" in her product description.
The "100%" Trademark Phenomenon
The trademark for "100%" belongs to Saule, a U.S. company manufacturing goggles and racing gloves since 1982. Since 2012, Saule has successfully registered "100%" across multiple Amazon categories including:
- Class 9 (scientific instruments)
- Class 21 (kitchenware)
- Class 25 (clothing and footwear)
- Class 29 (food products)
While some sellers speculate about registering similar percentage-based trademarks, trademark offices typically reject such attempts for generic terms unless the applicant demonstrates significant brand recognition.
Amazon's Enforcement Dilemma
Trademark law generally requires rights holders to allow others' legitimate use of generic terms. However, Amazon's automated systems often take down listings first and ask questions later, leaving sellers to navigate the appeals process.
This creates situations where sellers unknowingly violate trademarks by using common descriptive language, only to face sudden listing suspensions without warning.
Protective Measures for Sellers
Sellers can take several steps to avoid such issues:
- Scrutinize product descriptions for terms like "100%" and replace them with alternatives such as "complete," "full," or "total"
- Be aware that "100%" is trademarked in multiple countries including the U.S., Canada, and UK
- Watch for other generic terms that might be trademarked in specific contexts
- Utilize trademark search tools to identify potential conflicts
The most effective long-term solution involves brand development. Establishing distinctive branding helps avoid trademark disputes while increasing product value and profit margins.
As Amazon's marketplace grows more complex, sellers must remain vigilant about intellectual property considerations. Proactive prevention proves far more effective than reactive damage control when listings face suspension.