What is Brand Circumvention?

Brand circumvention involves the use of digital or physical media (including, but not limited to stickers, smears, papers, text, mosaic or tape etc.) to obscure or hide brand information so that the brand of the product can not be identified.

What are some examples of Brand Circumvention?

The following are some common examples of brand circumvention.

• Covering brand information with digital effects such as mosaic/blurring effects
• Overlaying emojis, graphics or text over brand information
• Obscuring brand information with fingers while holding the object
• Placing physical objects such as papers or stickers over brand logos

How can I reduce the risk of Brand Circumvention?

The following tips may help to reduce the risk of brand circumvention. We can not provide you with legal advice, so if you have questions or concerns regarding your rights or obligations, you may wish to seek independent legal advice.
You may want to consider undertaking the following:

• Respect intellectual property rights: Be mindful of and respect third party intellectual property rights. It is important to note that a lack of knowledge does not serve as a valid defense against brand circumvention. Accordingly, before using any logos, brand names, shapes, slogans, or other protected materials in your product or content, research whether they are protected by trademarks or other IP rights. You could visit official trademark databases (such as the World Intellectual Property Organization (WIPO) database), and/or consider seeking independent legal advice as necessary to ensure you are aware of and respect any trademarks relevant to your content or products.
• Obtain permission: If you intend to use a trademarked logo, brand name, or any other intellectual property material, consider seeking independent legal advice to understand how best to seek permission from the rights owner. For more information, please see the Brand Qualification article.
• Clear product descriptions: Provide accurate and clear product descriptions that transparently convey the nature and origin of each product. If the items are compatible with or complementary to established brands, explicitly state that the products are not affiliated with or endorsed by those brands.

• Be original: Focus on creating original content and products. Avoid incorporating specific brand names, shapes, or logos into your content or products, and instead use generic alternatives. For example, rather than mentioning a specific soft drink brand, refer to it as "soda" or "carbonated beverage." This way, you can establish your own unique identity and brand.
• Stay informed of regulations: Familiarize yourself with intellectual property and e-commerce regulations within the platform by reading our Anti-Counterfeit and Knockoff Policy and Intellectual Property Policy.

What happens if I breach these guidelines?

If you are found to violate these guidelines, you may have enforcement actions taken against your account. You should note that repeated offenses will result in more significant penalties.
Sellers: Please see our Seller Performance Evaluation Policy and Seller Terms of Service for more information. If you think an enforcement action has been taken against you in error, appeal via the Seller Center.
Creators: If you are a creator, please see our Creator Performance Evaluation Policy and Creator Terms of Service for more information. If you think an enforcement action has been taken against you in error, appeal via the TikTok App.