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EAN numbers (barcodes via GS1) are unique product numbers assigned to you. If someone else uses your number, or if you improperly use someone else's number, this can lead to confusion and legal problems. In cases of misuse, you can take action, both via GS1 and through legal channels.
What is an EAN number?
An EAN number is a unique number (often displayed as a barcode) associated with a product or product composition. You apply for it, usually via GS1, and it is linked to your company and products. It is useful for consumers and the trade: the number identifies the correct product and enables scanning and ordering.
What is misuse of EAN numbers?
Abuse can occur in various ways: someone else uses your assigned numbers for their own products, places your number on counterfeit goods, or you yourself improperly use a number assigned to someone else. This leads to confusion, errors in the supply chain, and potential infringement of rights.
What can you do in case of abuse?
First, establish the misuse and document it with evidence. Report it to GS1, the publisher of the issues, which can take action against improper use. Additionally, you can take legal action: if the misuse involves counterfeiting or an infringement of your trademark or other rights, you can send a formal demand letter to the infringer and, if necessary, claim damages and an injunction.
Prevent problems
Manage your numbers carefully, use only numbers assigned to you, and keep your product information up to date. If in doubt, check the origin of numbers you encounter. This prevents you from unintentionally making a mistake or becoming a victim of abuse.
Frequently Asked Questions
Can I use someone else's EAN number?
No. Numbers are assigned to a specific company. Use only the numbers assigned to you; otherwise, you risk confusion and problems.
What do I do if someone misuses my EAN number?
Document it with evidence, report it to GS1, and take legal action if necessary, especially in cases of counterfeiting or infringement of your rights.
Can abuse coincide with trademark infringement?
Yes. Abuse is often accompanied by counterfeiting or trademark infringement, against which you can take separate action.
Taking action against abuse or counterfeiting?
Our legal experts advise on and take action against infringement. View our IP law– or trademark law –team, or schedule a free consultation.
