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UPC numbers - Do they protect my items?
Hello been a long time seller dealing with many scam artists piggy backing my listings over the years. We recently files for a trademark on our name and have purchased UPC numbers for our items. We now have our trademark but I am being told by amazon the mark is on the supplemental registry and not the principal registry. This means I am unable to protect my brand as it were on amazon I guess. We are UPC exempt for our items but I have recently bought UPC numbers from GS1, will these do anything towards protecting others from selling my items.
We have put in all the labor, design work, effort and money into creating our products and if someone else wants to sell them then they should have to buy them wholesale from us as the manufacturer but they are not they are just using our images, piggybacking our items and then undercutting our price and then sending the customer an inferior product. I know because it is quit obvious the negative feedbacks are from the scam sellers and the good ones are form us.
0 replies
Seller_mWZyJunCxCR84
Nowhere in my GS1 contract did it say the UPC gave me exclusive rights to be the only one to sell that product. GS1 is the rights holder to your UPC numbers, you are just leasing them from GS1.
Do a test buy, take pictures and report to Amazon the other sellers items do not match what the ASIN says, if you convince Amazon the other sellers items are not the same, Amazon will remove the other sellers listings.
Seller_jZWpyInw8RkYT
Hi @The_Lizton_Sign_Shop – The use of your proprietary UPCs might prevent some Sellers from making an offer on the listing in the first place. However, those who know how to find it, will find it and use it to get on the listing.
This is why you would do the test buy, as @Arizona_Dave mentioned. It will be crazy amounts to time for you, so you are the one who has to decide what decision is the best for your company and brand.
I agree that this would be awesome if OP was BR, but it sounded like they got the “wrong trademark” for BR??? 
I haven’t heard of that before.
Seller_bWU6w5XvXmIfs
A trademark registration and the Amazon Brand Registry would help protect your brand and listings.
UPC numbers won’t.
Seller_KnxmmlmoJ7HS6
The only way it may help you is if you have the UPC number and barcode printed directly on your packaging like you see on any product sold in a retail store. Then when you test buy it will be easier for you to demonstrate to Amazon that the item received is not the same. Make sure your trademark is on your packaging as well.
I recently purchased (3) similar “private label” brand registered items off Amazon. All 3 arrived in just a clear poly bag, no trademark, upc number or any other form of product identification. I could not tell you whose was who as the all appeared to be identical.
Seller_jZWpyInw8RkYT
@The_Lizton_Sign_Shop – I do not know how you can get on Brand Registry since Amazon rejected you due to being on the wrong trademark registry, aside from attempting to register your trademark onto the correct registry. 
Part of what you seemed to be asking was how to protect your brand and your listings without Brand Registry. UPCs are one way to try to protect your Amazon listing. @Arizona_Dave mentioned the test buys, too, as a way to protect your listing on Amazon. You asked for more information, so I responded with the post from @Rushdie.
Test buys have nothing to do with Brand Registry, but rather are a strategy for protecting your listings on Amazon and are recommended for Report Infringement according to Intellectual property for Rights Owner, for both trademark and copyright issues:
Trademark Infringement
Seller-Level Infringement: If you believe a particular seller is offering a product that infringes your trademark, then you may report that offer as infringing. However, expect the product detail page and ASIN to remain live if you report an offer. When you report an offer, and not an entire ASIN, you are only referring to the offer for infringement, not the entire ASIN or product detail page. It is also helpful to provide a test buy with a valid Order ID to support your report.
Copyright Infringement
Seller-Level Infringement: If you believe a particular seller is offering a product that infringes your copyright, then you may report that offer as infringing. However, expect the product detail page and ASIN to remain live if you report an offer. When you report an offer, and not an entire ASIN, you are only referring to the offer for infringement, not the entire ASIN or product detail page. It is also helpful to provide a test buy with a valid Order ID to support your report.
Seller_8Wfpcf6cHQaPy
As others have stated, UPC codes hold no weight.
Your problem stems from being on the Supplemental Registry and not the Principal Registry.
Direct quote, from USPTO:
The Supplemental Register is a second trademark register where trademarks can be registered that are not yet eligible for registration on the Principal Register, but may, over time, become an indicator of source. Marks registered on the Supplemental Register, like those registered on the Principal Register, are protected against conflicting marks in later-filed USPTO applications. However, Supplemental Register registrations do not receive the same legal advantages and presumptions of Principal Register registrations.
