TikTok Shop maintains a strict policy against all forms of Intellectual Property (IP) infringement. The advertising, promotion, and sale of products that infringe on third party intellectual property rights, including trademarks, on TikTok Shop is strictly prohibited. Refer to ourTikTok Shop Intellectual Property Policy for more information.
Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images. There are various types of IP rights (IPRs) that sellers and creators may display, upload, communicate, or otherwise use on TikTok Shop, which includes Trademarks.
A trademark includes but is not limited to words, affiliate marketing 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, refer to our TikTok Shop Intellectual Property Policy.
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 unauthorized use of another person’s trademark in connection with products or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship, or affiliation of the associated products or services. Refer to ourTikTok Shop Intellectual Property Policy for our policy on trademark infringements.
To avoid confusion, TikTok Shop prohibits affiliate 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 and Seller Terms of Service.
How can I reduce the risk of Trademark Infringement?
The following tips may help to reduce the risk of trademark infringement. These tips are not intended as legal advice, and do not provide an exhaustive account of all the steps you may need to undertake. If you have questions or concerns regarding your rights or obligations, you may seek independent legal advice. You are responsible for complying with applicable laws and TikTok Shop’s terms and policies.
- 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. Refer to official trademark databases (such as theWorld Intellectual Property Organisation (WIPO) database), or consult legal professionals to ensure you are aware of and respect any trademarks relevant to your content and products.
- 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, refer to ourBrand Authorization article.
- Be original: Focus on creating original content and products. Avoid incorporating specific brand names, shapes, or logos into your content and 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.
- 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, refer to our TikTok Shop Intellectual Property Policy.
