Unauthorized Use of My Trademark in Third-Party Ads on Marketplaces: How Can I Protect My Intellectual Property?

What is unauthorized trademark use on marketplaces?

Unauthorized trademark use happens when third parties use your registered trademark, logo, or distinctive visual elements without authorization on platforms such as Mercado Livre, Amazon, or Shopee. This can include product counterfeiting, unauthorized use in listing titles, copying of images and descriptions, or the creation of similar marks to confuse consumers.

Main types of infringement

Direct Counterfeiting: Products identical to yours using your trademark and logo.

Use in Titles: Third parties who mention your trademark to attract customers ("compatible with [YOUR BRAND]").

Content Copying: Appropriation of your professional photos and product descriptions.

Similar Trademarks: Registration of similar names to capture your sales.

Impacts of unauthorized use

Unauthorized use of your trademark can result in direct loss of sales, damage to your reputation when customers buy lower-quality products thinking they are yours, and loss of control over pricing. Studies indicate that companies can lose between 15% and 30% of online sales due to unaddressed infringements.

Your rights as a trademark holder

The Brazilian Industrial Property Law (Lei de Propriedade Industrial, Law 9.279/96) grants the holder of a registered trademark the exclusive right to use it. You can prevent unauthorized use, demand the immediate removal of infringing content, seek compensation for damages, and, in cases of counterfeiting, request judicial seizure of the products.

How to identify infringements

Manual Monitoring:

• Regularly search for your trademark's name on the main marketplaces

• Set up Google Alerts for your trademark + "marketplace," "promotion," "discount"

• Watch for unexplained drops in sales or an increase in complaints about products you did not sell

• Automated Tools: there are specialized platforms that automatically scan dozens of marketplaces, detecting infringements and generating detailed reports.

What to do when you find infringements

1. Document Everything

Take full screenshots of the infringing listings, save the URLs, and record the date and time of discovery along with the seller's information.

2. Extrajudicial Notice

Send a formal notice (notificação extrajudicial, an out-of-court demand letter) to the infringer demanding that they stop using the trademark and remove the listings. This measure resolves about 70% of cases without the need for judicial proceedings.

3. Reporting on the Platforms

Use the marketplaces' intellectual property protection systems:

• Amazon: Brand Registry or Report Infringement

• Mercado Livre: Brand Protection Program

• Shopee: Intellectual Property Protection

4. Judicial Action

When the previous measures do not have an effect, it may be necessary to turn to the courts through injunctive actions (ações inibitórias), damages claims, or search-and-seizure proceedings (busca e apreensão).

Preventive measures

Proper Registration: Keep your trademark registered with the INPI (National Institute of Industrial Property) in all relevant classes.

Protection Programs: Sign up for the protection programs offered by the main marketplaces.

Continuous Monitoring: Establish a regular verification routine or hire specialized services.

Customer Education: Inform your customers about official points of sale and how to identify genuine products.

When to seek professional help

Consider consulting a lawyer specialized in intellectual property when there are recurring infringements, large-scale counterfeiting, significant damage to your reputation, or the need for urgent judicial action.

Conclusion

Protecting your trademark on marketplaces is essential to preserving your business and reputation. Acting quickly when you identify infringements, properly documenting violations, and using all available tools are fundamental steps to maintaining control over your intellectual property.

Remember: your trademark is one of the most valuable assets of your business. Protecting it is not a cost, but an investment in your company's future.