Product “ownership” questions/branding
I have two conceptually related questions about product branding, but otherwise they’re different products.
- I sell a product which I will describe in general terms. Anyone can buy it, but it’s pretty niche and unknown. There are a few other listings with this same product but mine is doing well because of pro pictures and the best pricing. That said, I don’t want someone else jumping in and selling the same thing.
It’s my understanding that to gate the product so only I can sell it, I would have to have a trademark and prove that this item is trademarked. Problem is, for our purposes here, it is essentially unbranded….and certainly I don’t have rights to it. I.e., I’m not Nike selling Nike shoes, I’m random seller selling basically generic but profitable niche product.
I created the catalog listing. There is no upc. So is there anything I could do to lock this listing down? Only thing I could think of would be to change the brand to my LLC name but then Amazon asked me to prove a relationship, which I couldn’t do. So i had to reverse the brand name change. I do not produce this item, I buy from supplier and send to FBA. But there is zero chance of the OEM coming after me. Hate to be vague but I’m protecting my research.
- Somewhat related question. There’s an item I found in a local dollar/five below type store that is unbranded but does have “China” stamped on it. Can I sell this as my product? It has a (removable) sticker with a upc which IS in the Amazon catalog but my idea would be to market this in a different category on Amazon and possibly bundle it with another item which would somewhat change the functionality. Kind of like if I bought a Tupperware bottom and stretched a balloon over the top of it and called it a TupperDrum. If the Tupperware bottom and balloon have no branding, is this my protectable product?
As some of you know, it’s hard work finding a valuable product that meets the right parameters to invest in and I’d like to protect that by branding it but I’m not clear on if/how to do that if I haven’t manufactured the item myself. And it’s not clear what constitutes “manufacturing.”
submitted by /u/smolPen15Club
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