How to Check if a Product Is Trademarked or Copyrighted

When starting your dropshipping business, you should be aware of potential trademark and copyright issues with your products.

That's because some suppliers may offer counterfeit items, which could lead to legal troubles for you.

To prevent this, you must make sure to check if your product is trademarked or copyrighted.

If this sounds complicated, don't worry, you'll learn all about it in this article!

What are trademarks and copyrights?

Trademarks and copyrights are part of intellectual property. They offer protection for distinct elements of products.

In the context of dropshipping, trademarks prevent unauthorized sellers from using a company's brand name or logo on products without permission.

Copyrights stop the unauthorized reproduction and distribution of copyrighted works like characters, designs, or artwork on products.

Trademarks consist of:

• Product brands. You must ensure you're not selling counterfeit goods that infringe on registered trademarks.
• Logo usage. Be cautious when using other people's brand logos in your product listings or marketing materials.
• Product descriptions. Avoid copying trademarked phrases or slogans from original manufacturers.
• Your own brand. If you create a unique brand name for your store, consider trademarking it for protection.

Copyrights consist of:

• Product images. Don't use copyrighted photos from manufacturers or other sellers without permission.
• Product descriptions. Write your own or get permission to use existing ones to avoid copyright infringement.
• Website content. Ensure all text, images, and designs on your site are original or properly licensed.
• Marketing materials. Create original content for ads, social media posts, and email campaigns.

How to check if a dropshipping product is trademarked?

To check if a dropshipping product is trademarked, you can use different online databases.

In the following sections, we'll cover databases from the United States, the World Intellectual Property Organization (WIPO), and the European Union.

USPTO database

The United States Patent and Trademark Office (USPTO) database is a primary source for checking trademarks in the US.

Go to the USPTO website and choose the Trademark Electronic Search System (TESS).

In TESS, you can search using different criteria, like the product’s name or its company.

To cover all bases, make sure to use both the 'Basic Word Mark Search' and 'Advanced Search' options.

Be careful to check different spellings and variations of the product's name.

If your product's name appears in the search results, examine the detailed records to ensure they match exactly, as in the example below:

Look at registration numbers, status, and more to confirm if it’s active or inactive.

You can do that by clicking on the general search button on the trademark and copyright database:

WIPO database

The World Intellectual Property Organization (WIPO) offers a global database called Global Brand Database:

This is useful for checking trademarks in multiple countries.

Go to the WIPO website and access the Global Brand Database. You can search by entering the product’s name, brand, or other identifying details.

You can filter the search results by country or territory to narrow down your search. Check the details in each record, such as registration number, status, and country:

This tool helps you understand whether the trademark is still active and valid, which is very useful for international products.

EUIPO database

The EUIPO Database, officially called eSearch plus, is an online resource maintained by the European Union Intellectual Property Office.

It serves as a centralized repository for EU trademarks and registered Community designs, allowing users to search for existing intellectual property rights.

To use it, visit the EUIPO website and access the eSearch plus tool:

You can perform basic searches using keywords or trademark names, or use advanced search options with specific filters.

The database provides detailed information on trademark status, goods and services covered, images, and filing dates.

These details can tell you if the trademark is still active and where it is registered.

This info is especially useful for dropshipping products that might be sold in multiple EU countries.

How to check if a dropshipping product is copyrighted?

To check if a dropshipping product is copyrighted, start by conducting a thorough search on popular platforms like AliExpress.

Look for any trademark symbols (™ or ®) or copyright notices (©) in the product listings or descriptions.

For example, if you're considering selling a phone case with a popular cartoon character, search for that character on AliExpress or Google and see if official sellers are offering licensed merchandise.

In the image below, you can see that we quickly found a potential copyright infringement since the supplier is selling a Lacoste ornament without proper licensing or authorization.

This type of unauthorized use of a trademarked logo or design could potentially lead to legal issues for both the supplier and any resellers.

Also, use the Google reverse image search tool to find the original source of product images.

If you find the same product on major retail websites or brand-specific stores, it's likely protected by copyright.

You can also check government databases like the United States Patent and Trademark Office (USPTO) for registered trademarks.

For instance, if you're interested in selling a unique water bottle design, search the USPTO database for similar products or logos.

When in doubt, consider reaching out to the manufacturer directly to inquire about licensing opportunities or potential copyright issues.

Remember, just because a product is widely available on platforms like AliExpress doesn't necessarily mean it's free from copyright protection.

USCO public catalog

An alternative option would be to check the US trademark databases, such as the US Copyright Office or the USCO, for registered intellectual property:

Use the search function to find the product's name, description, or creator's name.

1. On the main page, select 'search the catalog'.
2. Enter relevant keywords and click 'Search'.
3. Review the search results to find matching records.

Additionally, consider consulting with a legal professional specializing in intellectual property law for expert advice.

Examples of trademarked dropshipping products

Trademarked dropshipping products are items that have registered trademarks or logos of well-known brands.

These products are often unauthorized replicas or counterfeit goods.

Some common examples include:

• Fashion accessories like handbags, wallets, or sunglasses featuring logos of luxury brands such as Louis Vuitton, Gucci, or Prada.
• Sportswear and athletic shoes with Nike, Adidas, or Under Armour branding.
• Electronics or phone accessories with Apple, Samsung, or Sony logos.
• Watches resembling high-end brands like Rolex, Omega, or TAG Heuer.
• Clothing items featuring characters from Disney, Marvel, or other popular franchises.

It's crucial to note that selling these trademarked products without authorization is illegal and can lead to serious legal consequences.

Legitimate dropshipping businesses should always work with authorized suppliers and avoid infringing on trademarks or copyrights.

Instead of dealing with trademarked products, many successful dropshippers focus on unique, unbranded items or work directly with manufacturers to create their own branded products.

Lawsuit example: Lacoste vs. Cartelo

Lacoste, a well-known clothing brand, has sued multiple dropshipping stores for selling counterfeit clothing items that bear both the Lacoste logo (trademark infringement) and use copyrighted designs without permission.

These cases typically result in the stores being shut down and facing significant financial penalties.

One example is Lacoste suing a Chinese brand called 'Cartelo' for trademark infringement, resulting in the case won by Lacoste.

What are the risks of dropshipping copyrighted products?

Dropshipping copyrighted products carries significant risks.

Copyright holders can take action against you.

This may include demands to cease sales or even lawsuits. Penalties can be expensive.

Your business reputation can also suffer. Customers might lose trust if they discover you are selling unauthorized products, which can result in lost sales and negative reviews.

Potential risks:

• Legal action and fines
• Business closure
• Loss of trust and customers

Depending on the gravity of the situation, even worst-case scenarios may occur. For example, customs might seize your shipments.

If authorities find out that products are unauthorized, they might hold or destroy them, which can result in financial losses for your business.

When your suppliers are unreliable, it can lead to unexpected issues.

They might not disclose if the products are copyrighted. This leaves you vulnerable to legal trouble and stock problems.

Besides, payment processors might stop your services or flag your business if you are involved in selling copyrighted items. This can disrupt your ability to process transactions.

Related article: Interested in learning more about how not to get sued when dropshipping? Check out this article with some great tips!

Summary

Before we go, we've created a quick summary of this article for you, so you can easily remember it:

• Checking if a product is trademarked or copyrighted requires a few steps.
• To check trademarks, visit the United States Patent and Trademark Office (USPTO) website. Use their Trademark Electronic Search System (TESS) to search for trademarks.
• For copyrights, go to the US Copyright Office website. Use their Public Catalog to search for copyright records.
• Make sure to check both sources. Trademarks protect brand names and symbols, while copyrights protect original works like books and music.
• Always be thorough to avoid legal issues. Double-check your findings to ensure accuracy.

Conclusion

That's it!

We hope you found this article useful. Always check if a product is trademarked or copyrighted to avoid legal issues.

For trademarks, use the United States Patent and Trademark Office (USPTO) website. For copyrights, visit the U.S. Copyright Office website.

Consult a legal professional if you have any doubts. Always keep records of your searches to prove your due diligence.

Thanks for reading, and have a great day!

Want to learn more about dropshipping?

Ready to move your dropshipping store to the next level? Check out the articles below:

• 10 Dropshipping Risks to Consider Before Starting Your Store
• How Do You Manage Your Orders When Dropshipping? (2024)
• 8 Best Ways To Spy On Dropshipping Stores in 2024 (Competitor Research)

Plus, don’t forget to check out our in-depth guide on how to start dropshipping here!