Branded or unbranded
I have wathed multiiple videos and read lots of stuff but cannot get a answer. If I have bought a product wholesale and the product is already on amazon but has a name eg Tipsy cups does that mean that is their brand so I need to name my product and assign a new GTIN . I know it’s obvious with big brands such as a Phillip’s kettle or such but smaller stuff is confusing me as amazon say you have to use a listing that is already there. I want to do it the right way but conflicted as a new seller. I have listed with GS1 so this isn’t a problem but what’s a brand and what isnt
15 replies
Seller_vMsxjZPrdu6uI
Hi Wendy (again)
I think you and I have similar problems.
I have been discussing similar in other threads.
This is how I understand it.
A brand can either be registered (with a trademark on the Gov Website). In which case, anything you sell of that product you require approval (just in the event any other seller complains) and you need to supply authorisation that you can sell it.
people also call other products a brand…ie something they have added their own label to. Now it is my understanding, that if this is not a registered brand (as above), then you do not have to re label it or do anything else. So, you could sell your product under the existing listing as "tipsy cups, IF it is not a registered brand with a Trademark.
If you bought this from a wholesaler, try to ascertain from them, whether or not it is a registered brand, they should be able to tell you. My guess would be that it is not, unless it is their own brand.
So the person who has already listed the product with the label…you can sell under that listing with the existing label “tipsy cups” on it with no problem. If they had put their own “tipsy cups” label on it but have not registered as a brand (as per first paragegrapg) then they might try to get you to remove it, but as long as you can show it is exacrly the same product (ie with same EAN or from same distributer, then they can force you to remove it
I have rambled on, does that make sence? Warning, this is my understanding only, I could be corrected
Seller_fMsCVAHNu4txH
What you need to wrap your head around is that Amazon makes no distinction between ‘big brands’ and ‘small brands’ (and legally there is no difference either).
Most people wouldn’t dream of trying to sell “Lygo” on a listing for “Lego” but seem to think that the same rules don’t apply if your just selling “XYZ” on a listing for “XYX”.
If you have a product that is already marked with an EAN (GS1 barcode) then check the GS1 data for it. Your product should match it exactly, and be from an authorised wholesaler / distributor.
If so, you can list it on Amazon using that barcode. If the listing is incorrect in any way, raise a case with seller support to have it corrected (to match the GS1 data)
If not, you can’t list it using that barcode, and the chances are that you’ve bought a generic item that a manufacturer has tried to cut costs on by re-using similar barcodes.
If (in your case) you’ve got your own GS1 registration (and the product doesn’t already have it’s own barcode), then you need to update GS1 first (before listing on Amazon) and then create a new listing for that item using one of your allocated codes.
Creating new listings for products that already exist is not allowed.
Selling products that do not match a ‘registered’ brand on the same listing is not allowed.
Brand Registry is a whole other can of worms but, without it, your listing technically remains ‘generic’ meaning that anyone else selling the same item can also list on the same product (even if it’s using your GS1 code).
So the next seller that goes to the same wholesaler and buys the same product, doesn’t have to jump through all the hoops that you did, and can just quickly add their offer on the same listing as yours.
Note: I did not say ‘your’ listing, because it’s not. Amazon is a catalogue. Once the listing is created, it’s open to all sellers to add their offers to it.
Seller_NoLYurmb006tq
Hi Wendy
I can see this form getting confusing…
In simple terms the item you bought at wholesale if it is a branded item you will see on packing or listing from the wholesaler such as name Barcodes etc.
If it is use this info - if the barcode matches the same as the other seller is using it with under a different name then they are in the wrong and it needs reporting and amending.
If its unbranded completely I.e a plain paper plate for example this can be listed without either a Ean or brand - you can do so with upc exception.
If the item has no brand name or barcode on the packing again maybe able to qualify for UPC excemption or use GS1 - If using GS1 the brand name will need to match the brand name used in the GS1 database when signing up to your annual subscription - this will then update in around 72hrs to be able to use.
