Trying to list against an item that is branded but really should not be in my opinion, help please

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Seller_GPLxAbyNPI33I

Trying to list against an item that is branded but really should not be in my opinion, help please

Hi All

I am trying to create listings for coffee mugs. I understand that I cannot create a separate listing for the item otherwise I would use GS1 sku's & that I have to use the first sellers main image but can add additional photos. The problem here is that I cannot even seem to list against them.

The mugs are merely funny statements. Let's try & give you an example such as "Dave's fishing mug" that's not one but just for explanation purposes. If I go on such a listing it tells me in the information that it's branded. When I try to list against it I see "Apply to sell" which we all know won't get me anywhere or at least I assume it won't.

I am confused as to how someone can take a blank coffee mug (which anyone can acquire) & then print a generic statement on it such as the above example, that statement is very unlikely to be trademarked but somehow a seller tells Amazon that is it their brand, I just don't see how?

So can anyone help me here, is there a way of doing what I want to do here?

Regards

Ed

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Seller_GPLxAbyNPI33I

Hi All

Whilst waiting on a reply I would just like to add the following. The seller I want to list against has a mug box as one of their images in the listing. As far as I know their brand name (which is trade marked in the mug category as I have checked into it) doe's not appear on the mug but the brand name does appear on the mug box in the listing. Would this get around them calling what I consider a generic item a brand?

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Seller_mS10UjVYuuGor

Lots going on here that probably needs to be taken step by step.

Can we assume you personalise blank mugs? If the mug manufacturer doesn't care about branding as they just want to sell to people like you to take forward then it is your personalisation that can be classed as the brand.

Next how do you want to sell them? If FBA then you're likely to need your own GS1 barcodes simply for Amazon to recognise your items in its warehouses, if FBM you can probably get away with a GTIN exemption.

If you're looking to piggyback someone else's listing (if you can get permission to) that shows a branded box in one of the images be prepared for customer complaints when it arrives in a different/plain box. That doesn't help you and will certainly upset the other seller. Is there an image of the base of the mug, if not are you sure it isn't branded there. You'd be better off creating your own listing. Another factor maybe that the seller pays for advertising their listing and doesn't want to pay to promote your listing, even as a secondary buying option.

Also is your personalisation exactly the same as the other seller? e.g. are you both buying the same transfers to apply to the mugs or do you create your own? i.e. a different product as a result. If its the former it could help explain why the seller has applied to brand registry to try to protect their business model from someone else doing the same thing.

If someone has put in all the work of creating a brand profile (even if it is only on the box), the listing etc they're not likely to let someone else join the listing and take a percentage of their sales.

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Seller_mS10UjVYuuGor

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Seller_GPLxAbyNPI33I
Are you suggesting then that "using the same example as before. That if I worded it slightly different so instead for saying "Dave's fishing mug, I changed it to Dave's Gone Fishing ceramic mug & used a different image & uploaded with a GS1 Sku or a GTIN exemption would that then be seen as a different listing as far as Amazon are concerned?
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Yes, because the products would be different, even if it is just a wording change, although I suspect the typeface and colour scheme amongst other details may also be different. Even then I'm assuming you and the other sellers are sourcing the exact same mug. Most importantly the customer will expect to receive exactly what they see in the main image, not something loosely resembling it. Anything less is asking for returns and extra hassle.

I guess you offer several designs so perhaps your best option is to have your own listing and to offer the various designs as variations. To protect the listing (especially if the designs are your own work) you may also want to consider creating a brand to stop others piggybacking it and potentially offering lower quality (different) products/service affecting the feedback.

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Seller_MT8rt0A2OpbCx

I would say that, although the blank mug itself may be generic, the seller is adding their own part of the manufacturing process in printing the message. There are several printing machines and heat presses available, which may affect the finish quality, durability and have some variations in the images, colours or fonts used. If yours or the other seller's mug was better quality, and you had the same listing, then the reputation and feedback may unfairly reflect on the best mug.

This is quite a difference from buying a finished generic product and putting a brand sticker on the outer packaging.

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Seller_P0w9maaG3f3sr

You don't necessarily need GS1 codes to list your own, but you will need to apply for an exemption in any category you do wish to sell them on, and others may well be able to piggyback your listing if you havent got brand ownership or list as generic

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