Online sales authorization
sunil
(Querist) 31 January 2015
This query is : Resolved
Below is a communication from one leading ONLINE Sales portal on the issue of who can sell or can not sell any brand/product:
"In order to remove other sellers from your brand, kindly share any of the below mentioned document:
Point 1. In case the brand name is your own private label.
If you have registered your brand under Trade Marks registry, kindly share the TM document. We will check the status of the document and will update you accordingly. If you haven’t registered your brand yet, you have to get in touch with your legal advocate to register your brand logo with the Controller General of Patents Designs and trademarks Govt of India. You have to select the relevant trademark class or TM Class according to the products which the brand will sell.
Link - http://www.ipindia.nic.in/
Once you apply for the registration for the brand logo, you have to provide us the scan copy of the trademark application.
After verification of your trademark, the brand rule will be created on the brand and other sellers who get mapped to the supc bearing your brand name will be removed automatically.
Point 2. If you are an importer or you source goods through the manufacturer of the brand directly
Manufacturer has to provide a document on it's company's official letter head stating that it is authorizing you to sell the brand's product on e-commerce channel
Point 3. Exclusive Marketing Letter
Document received directly from the brand itself, stating that you are it's online sales partner.
Once we get any of the above document, we'll create a brand rule for your products so that no other seller without permission can sell this product."
My question: 1) Is there any law / rule under IPR or otherwise which can restrict a trader having trade license (Trader Enlistment) & VAT/CST registration No. to sell a product (Tangible product) available in the open market for resale/trading? 2) Under which law/rule this is legal for ONLINE Portal to restrict some one to sell a product without authorization from a vendor/distributor?
Looking forward for your advice.
Thanks
P. Venu
(Expert) 01 February 2015
What is your problem?
sunil
(Querist) 01 February 2015
Dear Sir,
ONLINE portals are asking for authorization to sell a brand on their website which is available from dealers for sale/resale in open market. I have trade license, VAT/ CST registration to deal in the product.
My question:
1) Is there any law / rule under IPR or otherwise which can restrict a trader having trade license (Trader Enlistment) & VAT/CST registration No. to sell a product (Tangible product) available in the open market for resale/trading?
2) Under which law/rule this is legal for ONLINE Portal to restrict some one to sell a product without authorization from a vendor/distributor?
Looking forward for your advice.
Thanks.
T. Kalaiselvan, Advocate 
(Expert) 02 February 2015
Your question itself is having answer. You are into trading business of the product which is available in the market and not going for your own product having your own trademark on it, so your question is unnecessary. Second, there is no mention in your query that a online portal is restricting you to sell the products which are freely available in the market. therefore please state what you actually want to clarify?
sunil
(Querist) 02 February 2015
Sir,
ONLINE portal is asking for authorization letter from the distributor to sell a product on their portal.
My question - is this legal for a portal to restrict sale without an authorization letter from a private company?
secondly how IPR is violated without an authorization letter from a distributor?
Please advice.
Thanks
sunil
(Querist) 16 February 2015
Can somebody help in this matter?
Ashish Khandelwal
(Expert) 26 February 2015
which types of products are you want to sell?
T. Kalaiselvan, Advocate
(Expert) 26 February 2015
You have not clarified the questions raised by experts, you may come out with the details or consult a local consultant for further advise.
sunil
(Querist) 26 February 2015
We sell computer parts & peripherals.
