100% clarification on Amazon branding, can a seller use their own GS1 barcode and brand to sell a generic item?
Hi,
One of our smaller suppliers has a niche range of unique imported products, not high volume sellers but very profitable. Their products do have their barcodes which I can verify on GS1 and I am able to list their items on Amazon using the product barcode. (the barcode is on the item packaging for 99% of their items).
However we have noticed that another seller is selling one of the same products on their own listing. (we have confirmed with the supplier that this is their product and the supplier confirms they do supply them, furthermore we have done a test purchase and the item matches 100% and shows the supplier barcode on the box).
I want to know if this is allowed by Amazon policy?
Effectively the competitor is adhering to the listing policy whereby:
- they are using their own GS1 barcode to create the ASIN
- they appear to have a registered brand on Amazon as the ASIN page looks like A+ content
- I cannot see evidence of bad business practice/poor customer service/wrong items etc - in fact they look like a successful decent Amazon seller!
But:
- they are not listing the product on the ASIN which was created using the manufacturer/supplier barcode, thus IMHO they are circumventing the listing policy and creating a duplicate in the Amazon catalogue.
We were advised that as their “listing” is a better sales rank than the correct ASIN page we use, we should list on their one and get extra sales - but I am aware that they could cause our account issues if they report us for listing under their brand.
I hope that makes sense.
PS: We are not actively looking to sell on their ASIN, we are happy and more concerned with staying with the Amazon policy, my question was to try and get clarification on if what they are doing is acceptable per the Amazon Brand registry policy i.e. take a product, ignore the barcode and apply your own barcode and brand to create an ASIN.
Thanks in advance for any insight 
Seller_64jziShTiTjOq
I suppose that technically 4. is not actually circumventing it, as Amazon allow and indeed encourage sellers to create their own brands. And, Yes, it’s a way to get your own page
24 replies
Seller_7VbclcPFFRTnc
A common practice on amazon - sellers ‘rebranding’ as their own
We have a competitor who sells products from the same supplier as us- even uses the suppliers stock photos! But have rebranded as their own
amazon won’t do anything but, I have reported them to my supplier so they can deal with them re IP infringement against them
Unfortunately you have to stick with the official listing
Seller_64jziShTiTjOq
If they have a registered brand for the product and their brand is now on the product or its packaging, then their stock is no longer generic and it must be listed separately. It is an idiotic system but that’s what happens on here. They ought to have re-labelled the stock with their own GS1 barcode but it’s unlikely Amazon will do anything about that. Do NOT try to add your stock to that listing as the brand owner will try to get you off it and oyur account will be suspended
Seller_tRuvBEHDedp4q
Something similar happened to me.
A seller was selling something under their own brand name - but using the GS1 EAN barcode from the product itself. So when I searched for the EAN I obviously got a match and listed under that listing.
They wrote to me to remove my offer from their listing. I pointed out the listing was not theirs but Amazons and they had used the original EAN on the product. If the EAN was looked up on the GS1 database, it showed the code belonged to the original supplier and not the ‘brand’ they had created for it (their own name). How they had managed to create the listing when the EAN on the GS1 database showed it belonged to a different company I have no idea.
I said I had no intention of removing my offer - and if they took it further with Amazon I would send proof that they had not created the original listing correctly as the EAN belonged to a different company. I said they would need to apply for brand registry to get my offer removed - but as they did not own the EAN, they were unlikely to succeed. I never heard back from the company and my offer stayed on their listing.
So my advice would be to check the EAN they have listed the item with on the GS1 database to check the details match what they have entered for brand etc. If they are using their own EAN registered to themselves - then do not create an offer on the listing until you have verified whether or not they have also applied for brand registry. Now this is where my advice falls over as I have asked Amazon before if they have a list of brands on their registry - but for some reason they will not give this info out. This seems a bit ridiculous to me - how are we to avoid brand registry issues if we cannot get a list of the brands on the registry?
But basically, I believe only a brand owner who has applied for registration on Amazon (or trademark owner) can ask Amazon to remove a listing. I am assuming there is no trademark on your item so the only real problem is whether the other seller has applied for brand registry.
Its certainly a very grey area on whether or not the other seller was correct in creating a separate listing. As mentioned earlier, if they have done so, then they should have also added their own brand and EAN to the packaging. I dont think Amazon will do anything if you complain - but it is certainly frowned upon by GS1 themselves as I have had this conversation with them.
Seller_s3TaCE833CEqc
Your problem could be that if Amazon do do something about it they could merge the two products and keep the barcode that the other seller has made for the product. Then you’d have to relabel all your stock.
These things can drive you up the wall on Amazon. If your product is selling and earning you money it’s probably easier to not worry about the other seller.
