Generic Product Listing
Hi everyone,
I just had a general question. The exact product that I want to sell is already listed on Amazon, but under someone else's brand name. I currently am not enrolled in the brand registry, nor do I have an active TM. I was wondering if it would be okay to sell that same product, but list it as generic brand name? Is that allowed?
On Amazon Seller U it says to make sure that the generic product is genuinely new, and not a copy of an existing listing. Does that mean I cannot sell this product under a generic option? Would I have to enroll in the brand registry then?
Any assistance would be greatly appreciated!
Thanks
Generic Product Listing
Hi everyone,
I just had a general question. The exact product that I want to sell is already listed on Amazon, but under someone else's brand name. I currently am not enrolled in the brand registry, nor do I have an active TM. I was wondering if it would be okay to sell that same product, but list it as generic brand name? Is that allowed?
On Amazon Seller U it says to make sure that the generic product is genuinely new, and not a copy of an existing listing. Does that mean I cannot sell this product under a generic option? Would I have to enroll in the brand registry then?
Any assistance would be greatly appreciated!
Thanks
8 replies
Seller_aV1Bh32hE0KND
Yes, you would need to create a new listing for the generic product; don't list it under the brand this would be considered an IP Violation.
Here are some help pages to review:
Listing requirements: Product IDs (GTINs)
Great job going through Seller University!! By understanding Amazon and knowing policy you will avoid a lot of mistakes that many new sellers make that don't take the time, which can end up being very costly.
Seller_kIukTwdhvntAp
While @Medic is correct on Amazon policy (and GOOD JOB actually studying stuff before diving in) you run a different type of risk if the product IS the same one.
There ARE sellers out there that MAY have a 'design patent' in addition to a TM on the brand name.
IF they have people watching listings on websites (not just Amazon) you COULD get a cease and desist letter and an IP violation notice from Amazon for selling the same design.
With computers being able to scan thousand upon thousand pages of data firms are able to protect their IP material much easier than even 10 years ago.
Have you checked to see who the brand name owner is at the USPTO? That might give a clue as to the level of potential risk.
Seller_rI7BZIczK8iAC
Yes, you would need to create a new listing for the generic product; don't list it under the brand this would be considered an IP Violation.
@Medic I am a bit confused about this answer. Let's say she wants to list a perfume "Chanel 5" and this product is already listed. So, she MUST list on the existing listing by asking the brand owner a "Letter of Authorization", isn't it? She cannot just create a new listing as Generic when the title and the picture are clearly mentionning "Chanel 5".
P.S. I hope you see this post, it is not possible to tag you....
Dougal_Amazon
Hello @Seller_8SYVIdD3g3gwA,
Thank you for posting your question on the forums and a huge thank you to the ever diligent @Medic, @Seller_kIukTwdhvntAp and @Seller_rI7BZIczK8iAC they are correct and I also really appreciate the additional context and validation of ensuring the most correct response was provided to the OP.
If you have any additional questions, please do not hesitate ask.
Best,
Dougal
(p.s. @Medic, I am opening a ticket to figure out this unable to tag you issue)
Seller_aV1Bh32hE0KND
Awesome!! Thanks 🤍
I always check my notifications, so if they can't fix it's no biggy, but it would be nice.
