Trademark Infringement

TikTok Shop respects the intellectual property (IP) rights of others. TikTok Shop maintains a strict policy against IP infringement, and the advertising and/or sale of products that infringe third party intellectual property rights, including trademarks, on TikTok Shop is strictly prohibited.

What is a Trademark?

Intellectual property, refers to creations of the mind, such as inventions, literary/artistic works, designs, symbols, names, and images. There are various types of IP rights (IPRs) that sellers and/or creators may display, upload, communicate, or otherwise use on TikTok Shop, which includes Trademarks.
A trademark includes but is not limited to words, symbols, slogans, designs, shapes, or their combinations that identify the source of a product or service and distinguishes it from other products or services. For more information about trademarks, please refer to our TikTok Shop Intellectual Property Policy (Singapore, Vietnam, Indonesia, Philippines, Malaysia, Thailand, UK, Crossborder).

What is a Trademark Infringement?

A trademark infringement may occur when the rights attached to a trademark are used without the trademark owner’s consent.
This includes the unauthorised use of another person's trademark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services.
To avoid confusion, our platform prohibits content that implies a connection to a trademarked brand other than the one being promoted. This includes the usage of trademarks accompanied by terms such as "dupe", "similar to", "replica", "inspired by", or similar terminology.
Sellers found to have made a trademark infringement will be subject to enforcement actions set out in our TikTok Shop Seller Performance Evaluation Policy (Singapore, Vietnam, Indonesia, Philippines, Malaysia, Thailand, UK, Crossborder) and Merchant Terms of Service (Singapore, Vietnam, Indonesia, Philippines, Malaysia, Thailand, UK, Crossborder [US, UK]).

How can I reduce the risk of Trademark Infringement?

The following tips may help to reduce the risk of trademark infigement. These tips are not intended as legal advice, and do not provide an exhaustive account of all the steps you may need to undertake. TikTok 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 are responsible for complying with applicable laws and TikTok's platform terms and policies.
You may want to consider undertaking the following:

1. 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 trademark (or other IP) infringement. 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 Organisation (WIPO) database), and/or consult legal professionals to ensure you are aware of and respect any trademarks relevant to your content or products.
2. Obtain permission: If you intend to use a trademarked logo, brand name, or any other intellectual property material, consider seeking legal advice to understand how best to seek permission from the rights owner. For more information, please see the Brand Authorisation (Singapore, Vietnam, Indonesia, Philippines, Malaysia, Thailand, UK, Crossborder) article.
3. 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.
4. Avoid misleading associations: Avoid using trademarks in a way that might create confusion or imply that you have a partnership or connection with the trademark owner.

For more information, please refer to our TikTok Shop Intellectual Property Policy (Singapore, Vietnam, Indonesia, Philippines, Malaysia, Thailand, UK, Crossborder).