Brand Protection on TikTok: What You Need to Know

Even though Amazon and Walmart are the dominant players in the e-commerce industry, newer platforms like TikTok are becoming more popular with young folks (and some intrepid GenX-er’s like Bill Ferrell). For less intrepid GenX-er’s like myself, I thought TikTok’s killer feature was making viral sensations of people like the “Hawk Tuah” girl. However, TikTok Shop is also changing the way people shop by blending social media engagement with e-commerce.

TikTok might be revolutionizing the shopping experience, but it’s following the lead of boring old Amazon and Walmart when it comes to brand protection. If you sell on Amazon and/or Walmart, you are probably familiar with the Amazon Brand Registry and the Walmart Brand Portal. These programs help brand owners protect and manage their trademarks. TikTok has its own version of a registry/portal called “Brand Authorization”.

One important difference between TikTok Brand Authorization and the Amazon Brand Registry is that brand owners with a pending trademark application can enroll in the Amazon Brand Registry. However, TikTok only allows brand owners with registered trademarks to enroll in its portal. Walmart has the same policy.

Requiring a registration is problematic since it takes more than a year to register a trademark with the USPTO (assuming a smooth registration process). Most internet fads will be ancient history by the time a trademark registration is issued. Therefore, TikTok Brand Authorization isn’t going to be very helpful for whatever the next big thing turns out to be. To continue growing the platform, TikTok needs to revisit its eligibility requirements for brand authorization.