Can a supplier at their trademark name to a product title
Hello,
Sorry for asking a question that has probably been asked a lot but i’m getting mixed messages from Amazon/seller.
A supplier/Amazon Seller has listed a product with their company name within the product title. They are not the manufacture of the product. However, their company name is trademarked. We purchase the product from the same manufacture they use (I have invoices to prove who we purchase from). The manufactures name is on the product.
The owner of the listing on Amazon asking us to remove ourselves from their listing for trademark reasons.
I understand it to be that I can sell the product under their listing but the other seller insist I can’t. Who’s right???
Thank you in advance for your help.
0 replies
Seller_qZO3ZCjoBXEeL
The other seller has created a branded listing. It is not uncommon for multiple sellers to sell identical products under their own brand. When a listing is branded with a trademark, unless the item you sell matches identically, including the brand/trademark then you must not list on that listing.
If your product is unbranded you may only list on an unbranded listing. If one does not exist you will need to create one. Note, any other seller would be able to join your unbranded listing and compete with you on it, which is why sellers go to the time and effort to create branded listings to help their otherwise identical product stand out.
Seller_jMzYLxYX1VFHR
Me again.
So after further reading on the topic maybe there’s something important for me to add.
The seller has only in the last few days changed the product title to include their trademarked company name. So if i’m reading the below correctly, the seller has broken an Amazon policy by changing the title to include their name when they should in fact have set up a new ASIN. How do others read this? Am I right or still wrong?
Policies for editing detail pages
- You must not use an existing listing for a new version of a product. Changes to a product’s packaging colour, design or material do not require creating a new ASIN. Only when the product being sold is either materially different or changed in brand value is it necessary to create a new ASIN. This includes changes in colour, size, material, features and product name. For example, a manufacturer updates its streaming media player by adding a new remote control with four buttons instead of two. This product is materially different from the older version and it must be listed as a new ASIN.
- You may only update detail pages to better or more accurately describe the product as originally listed. You may not change/add the ASIN title, brand or manufacturer name in the respective data fields (even if one does not exist, i.e. where the ASIN was created without a brand or manufacturer as a ‘no-name’ or generic product) unless the updates include additional details, clarifications, grammatical fixes or removal of content that violates Amazon policy.
- If you choose to re-brand a product, you must create a new ASIN rather than update an existing ASIN. This is true even if the product is unbranded and does not change materially after the brand change. This includes adding a brand to a previously unbranded product.
- If you believe that the brand or manufacturer name on an existing ASIN is incorrect, contact Seller Support and provide all available evidence to support your position. This includes if you are unable to list a product with the correct UPC because that UPC is already in use for another ASIN. Do not make changes to the original ASIN. Instead contact Seller Support with proof of UPC ownership and request that they create a new ASIN for the same UPC.
Seller_jMzYLxYX1VFHR
Surly you can’t list a Nike cap as you own generic company name and list your company as the manufacture to stop other people selling the product too (and lets not even get into the fact that could be breaking Nike’s IP). Thats essential what they are doing here as the product has the manufactures name clearly stamped on it.
