Licensed-brand listings using seller-owned EANs and seller name as Brand attribute
We sell licensed products where the consumer-facing brand is the licensed trademark and this is what we use from the Amazon Brand attribute. Our manufacturer holds the licence and owns the EANs, and Amazon require: (1) GS1 proof for the manufacturer EANs, (2) manufacturer-to-seller LOA, and (3) the licence between manufacturer and brand owner.
We have observed listings for comparable licensed products where the seller appears to use its own GS1 EANs and its own company name as the Amazon Brand attribute, while the licensed trademark remains the consumer-facing brand on the product and in the title. The seller company name is not a consumer-facing product brand. The correct manufacturer name also appears on the detail page.
Can an authorised seller use its own brand name in this situation? If so, what evidence is required to validate the relationship between the licensed brand, manufacturer, seller/GTIN owner, and Amazon listing? We have had conversations with our manufacturers and they will give us permission to use our EANs on products, however, reviewing Amazons guidelines, we will run into trouble showing the relation between between the trademark owner and GS1 owner because there isn't an agreement.
Anyone any insight here?
Can any mods perhaps clarify if there have been changes?
@Spencer_Amazon@Cooper_Amazon@Sarah_Amzn@Simon_Amazon@Roberto_Amazon@Ezra_Amazon
Licensed-brand listings using seller-owned EANs and seller name as Brand attribute
We sell licensed products where the consumer-facing brand is the licensed trademark and this is what we use from the Amazon Brand attribute. Our manufacturer holds the licence and owns the EANs, and Amazon require: (1) GS1 proof for the manufacturer EANs, (2) manufacturer-to-seller LOA, and (3) the licence between manufacturer and brand owner.
We have observed listings for comparable licensed products where the seller appears to use its own GS1 EANs and its own company name as the Amazon Brand attribute, while the licensed trademark remains the consumer-facing brand on the product and in the title. The seller company name is not a consumer-facing product brand. The correct manufacturer name also appears on the detail page.
Can an authorised seller use its own brand name in this situation? If so, what evidence is required to validate the relationship between the licensed brand, manufacturer, seller/GTIN owner, and Amazon listing? We have had conversations with our manufacturers and they will give us permission to use our EANs on products, however, reviewing Amazons guidelines, we will run into trouble showing the relation between between the trademark owner and GS1 owner because there isn't an agreement.
Anyone any insight here?
Can any mods perhaps clarify if there have been changes?
@Spencer_Amazon@Cooper_Amazon@Sarah_Amzn@Simon_Amazon@Roberto_Amazon@Ezra_Amazon
8 replies
Seller_GKVc5zj2QTT1e
I believe this to be the biggest problem on Amazon with duplicate listings, as far as we are aware or concerned, this shouldn't be happening.
An item should be listed on Amazon with the correct brand attribute, and the EAN printed on the products packaging - that should be the only listing available.
Seller_hnJy2He6uzeGX
This should not be happening.
The brand owner should be on tope of who they are supplying their product to, and what they are doing with it, and how they are describing it. The seller of these branded goods under false EANs is taking a big risk as one day Amazon could freeze their account balance until they can justify the violation.
With the advent of AI, I suspect this day will be sooner rather than later.
I would not advise any seller to do such a thing obviously.
Seller_IQo80d99W2DzP
I was told I needed written permission from Walt Disney himself to show Walt Disney on the listing, as that was a Trade Mark.
I explained he was dead, but I still had to supply as Amazon requested.
Unless Amazon have listed a licenced item, then sell on that listing, it is a nightmare as they do not understand at all.
Unless the brand matches GS1, Amazon will wrongly will say it is a fake!
On the above, in the end, we could edit to only show the word mouse and delete everything else. They eventually accepted that, with photos of the item, box on all sides, but the listing was of no use of course. (We were not the licence holder on this item, but purchased direct from the licence holder).
We had other issues with Disney items, so we deleted all Disney items to ensure we do not have further issues.
I am sure Amazon want only brands that no one has heard of on their website, as a higher margin for Amazon, with shipping from China, storage fees, processing returns, etc.
Seller_hnJy2He6uzeGX
A licence holder is not an authorised brand representative and cannot give you the authority to sell branded items. That is perfectly correct.
Princess Diana was the first to copyright her face and image and it has moved a long way since then. You certainly cannot use an image of a famous person eg Elvis Presley, without paying for it. Which is also perfectly correct.
Amazon want official brands not hooky products from rip off merchants which destroyed the reputation of so many other websites like the famous auction site which has been struggling for years to get rid of its terrible brand reputation. I have had one this very week on eBay where a UK trader literally copied all my graphics and text to sell products that are not mine.
Speaking as a brands owner and manufacturer of products, I am happy that Amazon is like this and I hope that they continue to monitor GS! and all its friends to ensure my products are not ripped off. I spend a lot of money in development and innovation each year and would like to see tougher laws in the UK on rip off products including an easier way to get cash back.
Seller_nBOoM3pBs6Kuo
@Mods, we have another competitor who has used this method to list. Can anyone confirm if we will be in violation if we were to copy the process of listing our brand as the brand name but continue use with trademark ( we have permission to use the trademark and would be able to show this )
We are at a loss as to where to turn, we are greatly loosing sale from competitors who are taking advantage of this and building stronger listings
@Spencer_Amazon@Cooper_Amazon @Sarah_Amzn @Simon_Amazon @Roberto_Amazon @Ezra_Amazon
Christine_Amazon
Hello @PERSSELLER_336
I am Christine from Amazon Forums.
Great question — navigating the Brand attribute for licensed products can definitely feel complex, so let me break this down for you.
## The Brand Attribute Rule
Per Amazon's guidelines, **the Brand attribute on an ASIN should match the branding that appears on the product or its packaging**.
A brand is defined as "a name that represents a product or set of products" where "products for the same Brand share a common name, logo, or other identifying mark that appears on the product or its packaging".
So if the licensed trademark is what's permanently affixed to your product, that should generally be your Brand attribute.
That said, if a seller has their own brand name physically on the product or packaging — and it's permanently affixed — they may use that as the Brand attribute. The key requirement is that the brand name in the listing must match what's actually on the product.
## Documentation for Licensed Products Using Your Own GTINs
When you're using your own EANs/GTINs to list products under a licensed brand, Amazon needs to establish the relationship between the brand and the barcode owner. Here's what's typically required :
- **GS1 Certificate** — A copy of the certificate issued to you by GS1 showing your legal entity and associated GTIN prefix(es)
- **Letter of Affiliation or Authorization** — A document from the manufacturer or brand owner clearly calling out the affiliation between the brand and the barcode owner, OR stating that you are allowed to use your own GTIN to sell products with their brand
- **Licensing chain documentation** — When you don't have a direct relationship with the brand owner, extra documentation is required. This typically means the licensing agreement between the brand owner and manufacturer, plus the manufacturer's authorization to you
## The Gap You've Identified
You've correctly spotted the challenge: when there's no direct agreement between the trademark owner and the GTIN owner (you), proving that relationship can be tricky. In these cases, Amazon looks for a **proof of affiliation** which can take the form of a copyright, trademark, legal agreement, or letter of affiliation.
The documentation chain would ideally show: Brand Owner → Manufacturer (license) → Seller (LOA + permission to use your own GTINs).
## What to Do Next
I'd recommend working with your manufacturer to obtain a **Letter of Affiliation** that explicitly states the relationship between the licensed brand, the manufacturer, and your company as the GTIN owner. This letter should include a verifiable point of contact at the brand or manufacturer.
For more details on product identity and listing requirements, check out these helpful resources:
Product UPC/EAN/GTIN Requirements
Regards,
Christine 🌸
