Selling a Brand Where the Brand Owner refuses to Trademark Their Name

[JustMe123]

@papy

Now, my question–is there no possible way to get these generic listings corrected to the brand shown in images?

You’d think that this might be the easiest route, but this is Amazon we’re talking about. I tried with seller support and they have definitively said that they would not change the brand that the product was originally listed with.

[svil]

If you think that you are going to sell those items in within a month… I would sell them all at the current price and then ship the new stock with the new ASIN.

[Lost_My_Marbles]

@JustMe123

Just sell through what is there and then close down the listings?

Yes

@JustMe123

Lower prices to break even to sell through quicker and then close the listing?

Wait until the new product is with new UPC and Brand listings are up and running. They may not take off right away. They may sell out before the change over is complete.

@JustMe123

Pull all the product back from the warehouses just incase Amazon gets squirrelly and decides to whomp me ferociously for the Generic branding

If you are not poking the sleeping bear and don’t send in more old UPC code, you will probably sell out. Just remember to shut down the listing correctly so that it doesn’t create an issue two years from now because the listing is still associated with your account. One of the FBA old timers can tell you that process.

[Thethe]

@GGX

The real risk here is if these products are a good seller, someone else will register the trademark, make it themselves and take over the listing and brand registry, and then file infringement claims on all other sellers. The only way to stop that from happening would require the current manufacturer to object to their trademark filing (if they don’t do so they would likely lose all rights to it).

that happened to me, seller filed trademarks for brands that were not registered in the USA then hit us with counterfeit comlains,

probably couldve sued but idk if it was worth the time and money

[Thethe]

@JustMe123

ability to edit any of the products because Amazon won’t remove the “generic” brand.

this is horrible, when you dont have brand registry competitor go ahead and do all kinds of BS to change listings, going thru this now

[GGX]

If the trademarks are past the objection timeframe it’s a huge uphill battle.

It’s the word/evidence submissions of someone claiming they have rights vs someone who has proof they have rights via an official registration.

There’s probably not a lot of cases like this because anything of value is generally registered very early in the process nowadays, for this exact reason.