In today’s digitalized era, e-commerce platforms are not only places to trade goods but also the “brand storefront” for millions of businesses. However, alongside market expansion opportunities, many brands are being pulled into trademark disputes—particularly when competitors register, use, or counterfeit trademarks on these platforms, leaving legitimate owners at a disadvantage. So who is the real owner? And how can businesses protect their intellectual property on e-commerce platforms?

Trademark disputes on e-commerce platforms are increasingly common

The explosive rise of platforms like Shopee, Lazada, Tiki, and TikTok Shop offers unprecedented access to customers. However, this environment also presents legal challenges—especially around trademark use. Many businesses report that their brand name or logo has been used by others, storefronts have been registered in their name, or they’ve even been accused of “infringing,” despite being the original creators and developers of the trademark.

What makes it worse is that when disputes arise, platforms typically demand a registered trademark certificate or clear proof of ownership. If a business hasn’t registered its trademark, it practically loses its right to claim ownership—even if it has been trading under that brand name for years. That’s why understanding IP law and trademark dispute regulations is absolutely crucial.

Understanding trademark ownership and legal basis

A trademark is a sign used to distinguish one business’s goods or services from another’s. In Vietnam, trademark ownership is legally recognized only when it is registered and a certificate is issued by the Intellectual Property Office. In other words, the legitimate “owner” is the entity listed on the registration certificate, regardless of who used it first or sold more.

Vietnam’s IP Law also clearly defines acts of trademark infringement, including using a confusingly similar sign without the owner’s consent. Therefore, if a trademark isn’t registered, a business will find it difficult to defend itself against infringement—even if the brand name has been used for a long time.

Steps to take if your trademark is infringed on an e-commerce platform

When you discover your trademark being used without authorization on e-commerce platforms, your business should take these steps:

Assess your proof of ownership
First, check the registration status of your trademark. If you have a valid certificate, you have a legal basis to request the removal of infringing content. If not, collect prior-use evidence (invoices, visuals, marketing materials, contracts...) to establish your priority.

Contact the e-commerce platform
Most platforms have mechanisms for IP dispute resolution. You can file a takedown request for the infringing product or storefront, along with ownership documentation. If you are accused instead, respond promptly and provide valid records to defend your rights.

Pursue legal measures if necessary
If platform channels don’t resolve the issue, your business can file a lawsuit through the courts or initiate administrative enforcement with the Inspectorate under the Ministry of Science and Technology. Legal action requires well-prepared evidence—especially the trademark certificate and proof of infringement.

Proactive solutions for effective trademark protection

As disputes become more widespread, preventing issues early is always better than dealing with them later. Here are DEDICA’s recommended solutions for businesses:

Register trademark protection early
Submit your trademark application to the Intellectual Property Office as soon as you build your brand. This simple step yields long-term benefits—it ensures legal protection and provides the basis for asserting your rights online.

Monitor and control trademark usage
Regularly check your brand name on e-commerce platforms, social media, and competitor websites. Early detection enables timely action, preventing reputation damage or loss of commercial rights.

Develop a comprehensive IP strategy
Instead of only registering the brand name, consider protecting other elements such as logos, slogans, key product names, packaging, and industrial designs. These form a legal barrier that fortifies your defense against unfair competition.

Trademark disputes on e-commerce platforms are a serious reality. With a fiercely competitive marketplace, understanding the law and having a clear brand protection strategy helps businesses maintain their position and customer trust.

If you’re facing challenges in protecting your trademark or handling IP disputes, DEDICA Law Firm is ready to support you with effective, tailored solutions. Our team has successfully advised on hundreds of trademark filings and resolved many IP disputes for domestic and international businesses.

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