What is a Trademark?

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.

What are some examples of trademarks?

Some well-known examples of trademarks include:

What is Trademark Infringement?

Trademark infringement may occur when the rights attached to a trademark are used without the trademark owner’s consent. This includes using a 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.

How can I reduce the risk of Trademark Infringement?

The following tips may help to reduce the risk of trademark infringement. 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 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 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.
• 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.
• 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.
• 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.

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.
Please see our Violation Reasons, Points & Enforcement Actions for Sellers article 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. Please read our Seller Appeal Guidelines article for more information.
Please click here to read TikTok Shop Intellectual Property Policy.