EAN code does not match product


#41

You actually can, but would have to check the following:

  • Complete removal or coverage of original brand
  • No infringement of patents or registered designs
  • Compliance with product safety legislation (including CE marking where required)

#42

So, in Blackhawk’s and my situation, s what we are doing ok?


#43

If they are generic products and you want to sell them under your own brand that’s entirely possible.

  1. You’d need to permanently affix your brand to the product. Amazon’s guidance says stickers are not sufficient, but in many cases they are.
  2. You also wouldn’t necessarily need a registered trademark or brand registry, but doing so would offer you some protection against other sellers listing against your brand.
  3. You would need a product identifier: either a GTIN (EAN, UPC etc) from GS1, or a GTIN exemption from Amazon to allow the creation of an ASIN without a GTIN.
  4. You’d then be classed as the manufacturer so would need to ensure compliance with product safety regulations.

Contrary to @PeterT’s advice you do not need brand registry to use a properly registered GS1 barcode.


#44

Thanks Barry
So just for complete clarification in my situation, Blackhawk might want to separetly clarify theirs…
I am applying my registered EAN’s as detailed above. But I will be keeping the label supplied by the manufacturer (no disagreement from them) and placing the new EAN over the existing one. The product is a simple dog toy, so no other requirements and the product is not a registered trade mark and has no Patent.
Is that okay


#45

Hi Barry
When we registered under brand registry we had to upload proof of trademark there was no option to exclude this. Ould you share the link with us please showing the new policy.

Thanks


#46

That sounds fine to me. The only difficulty that you might have is that Amazon appears to use the GS1 barcode owner as the “manufacturer”, and can sometimes be a bit dodgy with the brand attribute from GS1.


#47

There are two different issues here that you are getting confused:

  1. For brand registry you need a registered trademark, but don’t necessarily need GS1 barcodes
  2. To use a properly registered GS1 barcodes you don’t necessarily need brand registry.

#48

Hi Barry
Yea I said you can use UPC excemption.

The other point I made was just more to protect the other seller they had veriation on one item such as colour…
Product come with Ean… So I advised against using thier own GS1 as it would not match up correctly and suggested UPC exemption for this part would you agree?


#49

GTIN exemption would be Amazon’s preferred way of doing it, but they make the process so difficult that it’s usually far easier to use GS1 barcodes. The manufacturer has given their approval so I would personally go down the GS1 barcode route :slight_smile: …although it sometimes takes a few tweaks to get it through the catalogue entry creation stage.


#50

My thanks to Peter and Barry. Blackhawk…how are you getting on??. I actually think this thread is proving to be a useful and productive debate…although my bottle of vodka has now turned into two bottles LOL


#51

I have 2 generic unbranded products in boxes with no barcodes on them (Fitness Trackers & UV Sanitizers) I’m planning to put translucent stickers on them with my branding. And I’m wondering if I should also go ahead and put on the barcodes (generated from the the GS1 EANs I have for them) . It sounds like that would help. I also have generic unbranded dog leads and Key Rings. Not sure what I should do with branding for them. Probably a tag. I’m just getting stuck into brand registry now so will update this thread with how i get on. I might need Vodka to get through this as well.


#52

Ok…again, happy to be corrected…but not sure registering a brand for those items is the way to go. They are an assortment of products of different catagories for starters.
Also, brand registry is going to cost you a lot because you need to register a trademark also. The whole process takes weeks
I thought registering a brand was the best option when you are selling a product that you have designed/produced yourself in some way or if your buying unbranded products which you are going to continue to sell… I don’t think what you have there is really going to benefit with brand registry and a trade mark unless you intend to keep selling exactly the same items. BUT i’ll be interested in what others, including Pete and Barry have to say.


#53

the vodka will make things make more sense lol

Often forms like this can be useful I have been in business a long time only used Amazon a few years and its been an experience to say the least.

Every one has individual views on best practice which sometimes may differ as you have seen lol but for me its about staying compliant as you will have seen Amazon have their way of doing thing and dont allow for much error with some things


#54

A registered trademark can be useful if it’s a brand that you’ll constantly use. You can get away with not using one but you might find other sellers jumping on the listing and there’s not much you can do about it without having the relevant trademark, and registering it with Amazon’s brand registry can make it (theoretically) easier to enforce on Amazon…


#55

3 of the 4 generic products I have are already sold under multiple brands by multiple sellers on Amazon. I need to distinguish my product from theirs and selling under my own brand seems to be the most sensible way to do that. I certainly cannot use their ASINs.


#56

Yes, and you can have a brand without a registered trademark. Trademark registration gives you protection against people using your brand. Since there are multiple other brands selling the same item you might not be at too great a risk of that. If someone does start selling on your brand (even if unregistered) a polite letter asking them to stop sometimes does the trick.


#57

Hi Barry
It would be great if you can add a brand without a trademark as you just said as we have just paid another chunk for trademarking our new line due the back end of September so if it is possible would be good.
But when you go to register a brand it requires you to upload trademark showing you have authorisation in those classes and doesn’t let you complete it without or it never used to.
And you can’t add a Brand to Amazon without brand registry as it will come up with the error code saying the brand needs to be registered.

So I can’t see how what your saying is accurate at the moment unless something has changed please could you share the amazon link to register a brand the way you suggest so I can have a look may be helpful.

Cheers


#58

You’re confusing the real world with Amazon’s brand registry.

  1. You create a brand and that comes with automatic copyright, which offers some limited protection if someone tries to copy it.
  2. You apply (to the relevant IP office) for the brand to be a registered trademark. After publication if it’s unopposed it becomes a registered trademark and this offers stronger legal protections.
  3. You can enrol the brand in Amazon’s brand registry by using the registered trademark number.

You can have a brand without a trademark, although it means you would have limited legal protections if someone tried to copy it. You can also list this brand as a product’s brand on Amazon (or at least it was possible about 2-3 months ago) without a trademark but with a properly registered GS1 barcode.

You cannot enrol a brand in Amazon’s brand registry without a registered trademark.


#59

Hi Barry
This was my point as this is were the topic originally come from for this post but you made it sound like it could be done other than the way in which I initially stated lol.

Thought I was right but then when you were talking off topic which I did not notice was wondering how it was possible and as you just said there you can’t which is exactly what I said much earlier on.


#60

You stated that someone needed to use Amazon’s brand registry in order to list a product with a GS1 barcode on Amazon:

That’s not the case at all. Amazon changed the system back around January, but even after then it was possible to:

  1. Create a brand (without a trademark registration and without being enrolled in Amazon’s brand registry)
  2. Apply that brand to a product and create a GS1 listing
  3. Use the GS1 listing to create the product listing (with the brand) on Amazon

This was and probably still is (I haven’t checked in the past 2 months) possible to create a listing without having a trademark or registering it with Amazon’s Brand Registry.