E-commerce Trademark Protection in Vietnam

Many enterprises only discover their brands are being counterfeited when customers complain about purchasing substandard goods on Shopee, Amazon, TikTok Shop, or Facebook. In many cases, infringing products have sold thousands of units before being detected and removed, significantly impacting brand reputation, revenue, and the legitimate distribution network.

In reality, online IP infringement is becoming increasingly sophisticated. Many perpetrators use fake online shops, livestream sales, or advertise on multiple platforms to sell counterfeit goods and evade legal action from authorities.

Our service for handling trademark infringement on e-commerce platforms helps enterprises detect violations, collect electronic evidence, assess infringements, submit requests to remove infringing content, and apply legal measures against intellectual property infringement on Shopee, Lazada, TikTok Shop, Facebook, and Amazon.

With practical experience in the field of intellectual property, Viet An Law supports enterprises in e-commerce trademark protection, dealing with counterfeit goods in the digital environment, and building sustainable trademark infringement control solutions in the market and on e-commerce platforms.

Online IP infringement frequently occurs on e-commerce platforms

What is IP protection on e-commerce platforms?

IP protection on e-commerce platforms involves monitoring, detecting, and addressing unauthorized use of trademarks, logos, trade names, or product images on e-commerce platforms and social media.

E-commerce trademark protection services on help enterprises:

• Handle trademark infringement on online platforms;
• Combat counterfeit goods on Shopee;
• Protect TikTok Shop trademarks;
• File trademark complaints on Lazada;
• Warn and handle trademark infringement on Amazon;
• Prevent fake online shops;
• Protect online intellectual property rights across multiple digital platforms.

Common forms of online IP infringement in e-commerce

Handling trademark infringement services on e-commerce platforms

Searching and detecting infringement information on online platforms:

• Online trademark search in Vietnam;
• Reviewing and monitoring online infringements;
• Tracking trademark infringement on e-commerce platforms such as Amazon, Lazada, TikTok Shop, and Facebook;
• Checking for fake websites, fan pages, and online stores;
• Monitoring intellectual property infringement on e-commerce platforms.

Collecting electronic evidence and physical goods sold:

• Storing images and product links;
• Recording infringing livestreams and advertisements;
• Verifying trademark infringement through intellectual property examination and evidence of infringement.

Inspection and verification of violations

Samples of violations are sent for inspection to determine the violation and provide a basis for further processing.

Sending warning letters regarding infringement

• Sending notices of infringement and requests to cease the infringing activity;
• Requesting cessation of the infringing activity and compensation for damages without the need for government intervention.
• Resolving trademark disputes through negotiation and requesting compensation for infringement based on initial negotiations.

Trademark infringement complaints

• Civil measures: Filing a lawsuit in court to demand cessation of the act, an apology, a public correction, and compensation for damages.
• Administrative measures: Requesting relevant authorities (Market Management, Science and Technology Inspectorate, Economic Police) to impose penalties for the infringement.
• Criminal measures: Applied when the infringement is large-scale and serious in nature (e.g., manufacturing and trading counterfeit goods bearing a trademark).

Representing clients in dealings with authorities

• Science and Technology Inspectorate;
• Market management;
• Economic police;
• Customs agency;
• Representing clients in dealings with judicial bodies.

Online trademark infringement handling

Step 1: Infringement verification

Evaluate the unauthorized use of trademarks on e-commerce platforms.

Step 2: Evidence collection

Collect and archive electronic data, images, videos, and infringement links.

Step 3: Trademark rights infringement assessment

Verify the trademark protection certificate and the scope of trademark rights.

Step 4: Complaint and takedown request

Submit processing requests to Facebook, Shopee, Lazada, Tiktok Shop, Amazon, or related websites.

Step 5: Apply maximum legal measures

Perform administrative handling with the competent state authority or file a lawsuit if necessary to protect the customers’s interests.

Why do enterprises need online brand protection?

Key benefits:

• Protecting brand reputation;
• Reducing revenue losses;
• Preventing counterfeit goods;
• Protecting customers and authorized dealers;
• Increasing the value of intellectual property assets;
• Avoiding competition from one’s own products;
• Reducing legal risks in the e-commerce environment.

Real-world cases of trademark infringement on e-commerce platforms in Vietnam

One significant case involving trademark infringement that the Hanoi City Market Management Department handled was the case of a business operating the “JULIDO1” store on Shopee selling fashion items with suspected infringement of a well-known trademark.

Summary of the case:

• Hanoi Market Management Team No. 1 inspected and discovered over 2,300 clothing items bearing the “horse rider” logo, showing signs of infringing on the protected trademark of Polo Ralph Lauren.
• The enterprise used the “JULIDO1” store on Shopee to promote and sell the infringing products.
• According to data verified by Shopee, the number of successfully sold products reached 1,683, with a total value of nearly 170 million VND.
• The total illegal profit was determined to be over 136 million VND.
• All infringing products were destroyed to ensure fair competition for genuine goods in the market.
• Expert assessment confirmed the infringement of trademark rights protected in Vietnam.

Assessing trademark infringement on e-commerce platforms

• Trademark infringement on e-commerce platforms is becoming increasingly sophisticated, professionally executed, and difficult to control using traditional methods.
• Many online stores exploit the digital environment to sell counterfeit goods in large quantities in a short period, making it very difficult to trace the ringleaders and infringing warehouses.
• E-commerce platforms are becoming a popular distribution channel for goods showing signs of intellectual property infringement, especially trademarks.
• Currently, to ensure the enforcement of intellectual property rights, authorities have strengthened coordination with e-commerce platforms to retrieve information on sellers, transaction data, and the origin of infringing goods.
• Retaining information, images, revenue, and electronic data on e-commerce platforms is now considered a crucial source of evidence for prosecuting trademark infringement.

Practical perspective from Viet An Law’s case handling of violations

In reality, many online stores that violate regulations can quickly create new accounts and continue selling under different names after their products are removed. This makes it necessary for enterprises to monitor violations regularly instead of just handling them once.

Why is tackling online counterfeit goods on e-commerce platforms becoming increasingly challenging?

Difficulty in identifying the actual violators:

• Inaccurate personal information;
• Fake registered addresses;
• Violators often use intermediary accounts;
• Warehouses are often located in multiple places, making them difficult to pinpoint;
• Contact information is unclear and frequently changes.

This makes verifying the actual sellers and gathering evidence for prosecution very difficult.

Violations occur at a very rapid pace:

• Creating new accounts in just a few minutes;
• Constantly changing shop names;
• Reposting products immediately after they are removed.

Therefore, even after filing a trademark complaint with Shopee or addressing the infringement on TikTok Shop, the infringing behavior can recur very quickly.

Counterfeit goods are being livestreamed and promoted across multiple platforms

Many perpetrators:

• Livestreaming the sale of counterfeit goods;
• Advertising on Facebook and TikTok;
• Linking to Shopee or their own websites.

Through practical experience in handling infringement cases, Viet An Law has observed that violations occur simultaneously on multiple platforms, making it difficult for both the infringed enterprises and authorities to comprehensively control the infringing activities.

Difficulties in collecting and storing electronic evidence:

• Evidence of infringement is quickly deleted;
• Infringers edit content;
• Change product links to evade detection;
• Delete links and posts and replace them with different platforms;
• Only exist and disappear without a trace after the live stream sale.

If not stored promptly, enterprises may face difficulties in proving intellectual property infringement on e-commerce platforms.

Many enterprises have not yet completed comprehensive trademark registration in Vietnam

• Not registered for trademark protection;
• Registered trademarks for the wrong product group;
• Not extended to international protection.

This reduces the effectiveness of handling online trademark infringement and limits the ability to request e-commerce platforms to remove infringing products.

Complaint procedures vary across different platforms

• Shopee,
• Lazada,
• TikTok,
• Amazon
• Facebook.

Each platform has its own processing procedures, which can be quite time-consuming and costly.

• Separate IP processing procedures;
• Different document requirements;
• Different evaluation mechanisms and processing times.

Enterprises lacking experience often experience lengthy processing times or rejection of complaints.

Difficulties in controlling cross-border counterfeit goods

Many counterfeit products are:

• Imported from abroad;
• Shipped through intermediaries;
• Sold across borders on Amazon or international platforms.

This creates difficulties regarding:

• Jurisdiction for handling;
• Identifying infringing parties;
• Enforcing intellectual property rights within each country and internationally.

Prolonged processing and monitoring costs

The reason for the lengthy processing time and high costs is that enterprises often have to:

• Continuously monitor violations;
• Hire a trademark monitoring agency;
• Handle multiple vendors simultaneously;
• Coordinate with lawyers and authorities;
• Register trademarks in multiple countries and territories.

The cost of protecting trademarks in e-commerce can therefore be prolonged and significantly increased.

Solutions to help enterprises effectively handle infringements on e-commerce platforms:

• Register trademark protection early;
• Regularly monitor e-commerce platforms;
• Collect complete electronic evidence;
• File a complaint of infringement immediately upon detection;
• Develop an online brand protection strategy;
• Collaborate with specialized intellectual property legal firms.

The question relates to handling trademark infringement on e-commerce platforms

How to execute anti-counterfeit enforcement on Shopee?

Trademark owners can file a trademark complaint with Shopee by providing their Trademark Registration Certificate and evidence of infringement to request the removal of infringing products or the closure of the infringing store.

Can TikTok Shop protect its trademark?

Yes. Trademark owners have the right to request TikTok Shop to remove videos, livestreams, products, or accounts that infringe on their intellectual property rights.

Does Amazon support trademark infringement handling?

Yes. Amazon has a mechanism to receive trademark infringement warnings on Amazon and support trademark owners in requesting the removal of infringing IP products.

Can trademark infringement be handled online without registering a trademark?

Enterprises can still apply some measures to protect their rights. However, trademark registration is an important legal basis for more effective handling of infringements on e-commerce platforms.

Why is trademark infringement on e-commerce increasing?

• Easy to open online stores;
• Difficult to control sellers;
• Rapid spread of counterfeit goods on social media;
• High profits from counterfeit products;
• Consumers find it difficult to distinguish between genuine and fake products;
• Many enterprises have not fully registered their trademarks.

What should enterprises do to protect their online brand?

• Register trademarks early;
• Monitor infringements on Shopee, Lazada, and TikTok Shop;
• Collect electronic evidence;
• Submit requests to remove infringements;
• File trademark complaints with e-commerce platforms;
• Cooperate with authorities to handle counterfeit goods;
• Develop a long-term online brand protection strategy.

When should businesses hire legal services for trademark enforcement Vietnam online?

• Handling online trademark infringement;
• Combating online counterfeiting;
• Protecting trademarks across relevant platforms and countries;
• Warning against trademark infringement in the digital environment;
• Handling fraudulent online shops;
• Filing intellectual property infringement complaints on e-commerce platforms;
• Representing clients in dealings with e-commerce platforms and relevant authorities.

Proactively protecting trademarks in the digital environment helps enterprises mitigate legal risks, safeguard brand reputation, and maintain a competitive advantage in online business operations.

Contact us for consultation

Viet An Law is a fully functional and reputable Intellectual Property Representative Organization in Vietnam. We support enterprises in trademark enforcement Vietnam, protecting trademarks in e-commerce, safeguarding online intellectual property rights, combating counterfeiting on Shopee, alerting on Amazon for trademark infringement, and effectively protecting TikTok Shop and Facebook brands. We provide comprehensive solutions ranging from monitoring infringements, gathering evidence, filing Shopee trademark complaints to representing clients in handling intellectual property disputes in the digital environment.