Requirements to Appeal Intellectual Property Violations

image
This guide applies to all TikTok Shop sellers appealing intellectual property (IP) violations. It outlines the specific documents required for different appeal scenarios and the format they must follow.
  • To appeal an intellectual property (IP) violation, you must prove you have the right to use the IP in question. The documents you need to submit depend on:
    • Whether you own the IP.
    • Whether the IP owner gave you permission to use it.
    • Whether you obtained the product through legitimate means.
  • You can also appeal your violation if you believe it was issued in error.

You Own The IP

image

Steps to follow if you are appealing for this reason

  1. Select "I am the intellectual property rights owner" under the 'Reason for Appeal' field.
  2. Upload documents proving that you own the IP under the Supporting Images field.
    image

Requirements For Supporting Document: IP Certificate

The certificate MUST meet the following conditions:
  1. It must cover the same IP involved in the violation (trademark, copyright, or design patent). For example, if the violation ticket says that your product uses a logo that has been trademarked by a brand, the certificate must cover that same logo.
  2. The IP owner's name must match the name you provided when registering your TikTok Shop account.
  3. It must be valid (not expired).
  4. (For trademarks and design patents ONLY) It must be issued in the United States.
  5. (For trademarks ONLY) The trademark class, which categorizes goods or services protected by the trademark, must match the product type from the violation.
    image
  6. (For copyrights ONLY) In addition to the copyright registration certificate, you must also submit images proving ownership of the copyright. For example, if the copyright is an artwork or writing, you can submit behind-the-scenes images of you creating the artwork or writing.

You Have Permission From The IP Owner

image

Steps to follow if you are appealing for this reason

  1. Select "I am authorized by the intellectual property rights owner to use this intellectual property" under the 'Reason for Appeal' field.
  2. Upload documents proving that the IP owner gave you permission to use the IP under the Supporting Images field. While optional, this is essential for successful appeals.
    image

Requirements for Supporting Document: Letter of Authorization

image
The letter MUST meet the following conditions:
  1. The name of the person giving permission must match the official name of the IP owner.
For reference, you can verify the IP owner's official name online. For design patents and trademarks, check the US Patent and Trademark Office's website. For copyrights, check the US Copyright Office's website.
  1. Your name in the letter must match the name you provided when registering your TikTok Shop account.
  2. The letter must clearly say what IP rights you are allowed to use (such as trademark use, copyright use, product distribution).
  3. It must include your right to use the IP in the United States.
  4. It must be valid (not expired).
  5. It must be signed or stamped by the IP owner or their official representative.
  6. (for copyrights ONLY) We accept the following contracts or agreements as alternatives to a letter of authorization:
    1. Content Licensing Agreement - this is a contract between the IP owner and you to use the copyright
      1. The contract must specify the IP rights granted, the duration and scope of use, and be signed by the IP owner and you.
    2. Service Agreement/Individual Contractor Agreement/Statement of Work - this is a contract stating that the IP owner has contracted you to create the copyright on their behalf
      1. The contract must include the IP owner's name and your name, specify the service provided by you, and be signed by the IP owner and you.

You Purchased The Product Through Legitimate Means

image

Steps to follow if you are appealing for this reason

  1. Select "The product was purchased through a legitimate channel" under the 'Reason for Appeal' field.
  2. Upload invoices OR receipts that prove you bought the product from a legitimate source under the Supporting Images field.
    image

Requirements For Supporting Document: Invoice Or Receipt

image
The document MUST meet these conditions:
  1. The product you bought must match the product in your listing.
  2. It must be from the last 12 months AND dated before you listed the product.
    1. NOTE: If it is older than that, explain why it is still valid.
  3. It must not be edited or redacted in any way.
  4. If you bought a digital file (like a photo for printing on clothing), the document must say that you have commercial use rights.
You can also submit a letter of authorization or content licensing agreement from the IP owner, allowing you to sell products using that file. Purchases covering only "personal use" or "small business use" are NOT allowed.

You Believe The Violation Was Issued In Error

Steps to follow if you are appealing for this reason

  1. Select "Misjudgment by platform" under the 'Reason for Appeal' field.
  2. Upload screenshots, documents, or images that prove we issued the violation in error under the Supporting Images field.
    image

Requirements for Supporting Document: Screenshots of Error

Your screenshots MUST show one of the following:
  1. You already obtained brand authorization to use the IP.
  2. The IP you are flagged for infringing is not the correct one. Here are some examples of how you can prove this:
    1. For copyright infringement of an artwork, you can upload a side-by-side comparison to prove that the artwork on your product listing is not the same as the copyrighted work.
    2. For design patent infringement, you can upload images showing the front, back, top, bottom, left, and right views of your product. You must also include images of the infringed product to show they are not the same.
    3. For copyright infringement of a product image or photo, you can upload the original high-resolution image file, with timestamp and metadata, demonstrating ownership of the image or photo.

Appeal Rejection Reasons

You have 2 chances to appeal a violation. If your first appeal is rejected, review the feedback provided, fix the issue, and submit a second appeal. If an appeal is ultimately rejected, the original enforcement action (such as violation points, which are penalties issued for policy breaches, product removal, or account suspension) may be applied. Here are some common reasons appeals get rejected, and what they mean:
  • Valid Initial Rejection - The violation is correct after review.
  • Missing Supporting Material - You did not submit any supporting documents.
  • Invalid Supporting Material - Your supporting document did not meet the requirements.
    • IP Certificate
    • Letter of Authorization
    • Proof of Purchase
    • Other document
  • Wrong Document Type - You submitted the wrong kind of supporting document. It must be an appropriate document type, such as an IP certificate, letter of authorization, or invoice/receipt.

Appealing Patent Infringement Enforcements

If your product is removed or your shop faces enforcement due to a patent infringement claim, you can appeal the decision.
To successfully appeal, you must submit one or more of the following valid supporting documents, depending on your situation:
  1. Proof of Authorization & Authenticity
    • Letter of Authorization (LOA): A valid document from the rights holder granting you permission to sell the product.
    • Commercial Invoices: Valid invoices proving the authenticity and legitimate source of your products.
  2. Proof of Originality & Non-Infringement
    • Proof of Originality: Documentation proving your product is original, including your own patent numbers and detailed product comparisons.
    • Letter of Non-Infringement: A formal letter drafted by legal counsel stating that your product does not infringe on the asserted patent.
  3. Legal Resolutions & Orders
    • Complainant Retraction: A formal retraction of the complaint submitted directly by the original rights holder.
    • Invalidation Order: An official order showing that the asserted patent is invalid or currently unenforceable.
    • Court Order: A valid court order that explicitly confirms non-infringement.