Trademark Risks in Cross-Border E-Commerce: Compliance and Infringement Prevention on Amazon, AliExpress, and Other Platforms

In the wave of globalized e-commerce, cross-border e-commerce has become an important channel for many businesses to expand into international markets. However, as market competition intensifies, trademark infringement issues have become increasingly prominent. Major cross-border e-commerce platforms such as Amazon and AliExpress have tightened their trademark compliance requirements. Sellers who ignore these risks may face severe consequences, including product removal, account suspension, or even legal action. This article will explore trademark risks in cross-border e-commerce and provide practical advice on compliance and infringement prevention.

I. Sources of Trademark Risks in Cross-Border E-Commerce

1. Unauthorized Use of Others’ Trademarks
Many sellers, in the process of product selection, may intentionally or unintentionally use well-known brand names, logos, or similar terms to boost product visibility. For example, using phrases like “Apple Compatible Accessories” or “Nike Style” in product titles, descriptions, or images may constitute trademark infringement.

2. Selling Counterfeit or Imitation Products
Some sellers, driven by profit, offer counterfeit or imitation products, such as fake LV bags or Gucci watches. This behavior not only violates platform rules but may also involve criminal liability.

3. Trademark Squatting (Malicious Registration)
In certain countries, competitors or professional trademark squatters may preemptively register the trademarks of Chinese sellers and later file complaints or lawsuits, forcing sellers to remove listings or pay hefty settlement fees. Many Chinese sellers entering markets in Europe and North America have encountered such trademark squatting issues.

4. Trademark Infringement in Keyword Advertising
Using competitors' trademarks as keywords in Amazon Sponsored Products or Google Ads campaigns may constitute unfair competition. For example, promoting one’s own sneakers using the keyword “Adidas” could be ruled as trademark infringement.

5. Trademark Protection Differences Across Countries
Trademark rights are territorial. A trademark registered in one country does not automatically enjoy protection in other countries. For instance, a brand registered in China but not in the United States may face infringement risks when selling products in the U.S.

II. Trademark Compliance Requirements on Amazon, AliExpress, and Other Platforms

1. Amazon

Brand Registry: Sellers must complete brand registration to enjoy brand protection tools such as blocking unauthorized sellers and reporting infringement.
Infringement Complaint Mechanism: Trademark owners can file infringement complaints through the Report a Violation system, leading to product removal or account suspension.
Transparency Program: Amazon requires certain categories of products to use anti-counterfeit labels to reduce the risk of fake goods.

2. AliExpress

Intellectual Property Protection (IPR) Platform: Rights holders can submit infringement complaints, and AliExpress will remove infringing products or even freeze seller accounts.
Brand Authorization Requirement: Specific categories (e.g., luxury goods, 3C electronics) require brand authorization documents before listings are allowed.

3. eBay, Wish, and Other Platforms

VeRO Program (eBay): Enables trademark owners to report infringing products, which eBay promptly removes.
Wish Trademark Policy: Strictly enforces rules against counterfeit products; repeated infringements may result in permanent store closures.

III. How to Prevent Trademark Infringement Risks

1. Register Trademarks in Advance
Register trademarks in target markets (such as the U.S., EU, and Japan) to avoid being preemptively registered by others.
Utilize the Madrid System or single-country registrations to ensure protection in key sales regions.

2. Compliant Use of Trademarks
Avoid using others' trademarks in product titles, descriptions, or images unless you have authorization.
Use your own brand names and ensure they are distinctive (avoid using generic terms).

3. Monitor the Market for Infringements and Unauthorized Sellers
Regularly search for your brand name on platforms like Amazon and AliExpress. Report any infringements promptly.
Leverage tools such as Brand Registry and Transparency Program to enhance brand protection.

4. Carefully Select Products and Avoid Counterfeits
Work with legitimate suppliers and ensure their products do not infringe on others’ intellectual property rights.
For OEM/ODM products, request brand authorization documents from suppliers.

5. Responding to Infringement Complaints
If you receive a platform infringement notice, immediately remove the involved product to mitigate account risks.
In cases of malicious complaints, provide trademark registration certificates, authorization documents, or other evidence to appeal.
When necessary, consult a professional attorney to avoid heavy penalties.

IV. Conclusion

Trademark compliance is the foundation for long-term, sustainable operations in cross-border e-commerce. Whether on Amazon, AliExpress, or other platforms, enforcement against infringement is becoming increasingly strict. Sellers should proactively secure trademark registrations, operate in compliance, and establish a robust intellectual property protection strategy to maintain a competitive edge in the global market.

Operate with integrity to achieve steady and lasting growth!

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