Trademark
These articles provide information about trademarks. This includes what trademarks do and don’t protect, how you can avoid infringing the trademarks of other people when posting to Facebook, and how Facebook addresses reports of trademark infringement.
If you believe someone is infringing your trademark, you can report it to us by filling out this form
. You can also apply to use Brand Rights Protection
, a tool that allows brands to identify and report content that misuses their intellectual property.
Please note that laws in different countries may vary. For more information on trademark law, you can visit the website of the United States Patent and Trademark Office
or the World Intellectual Property Organization (WIPO)
. Facebook can’t provide you with legal advice, so you may want to speak with an attorney if you have more questions about trademarks.
Learn More About Trademark
What are trademarks and what do they protect?
What are trademarks and what do they protect?
A trademark is a word, slogan, symbol or design (ex: a brand name or logo) that a person or company uses to distinguish their products or services from those offered by others. A trademark is protectable when it’s used in a distinctive way to identify a product or service. Whether you know it or not, you see trademarks all day long, whether shopping in stores or online, watching commercials on TV and so on.
Generally, trademark law seeks to prevent consumers from being confused about who provides, endorses or is affiliated with a particular product or service. To prevent this situation, a trademark owner may be able to stop others from using their trademark (or a similar trademark) without permission if that use may cause confusion.
Not all terms are eligible for trademark protection under the law. Protection depends on a variety of factors, including how unique, generic or descriptive the trademark is and how it’s used. For example, the term “banana” may be protectable as a trademark to identify an electronics company, but perhaps not to describe a banana farm.
Please note, Facebook can’t adjudicate disputes between third parties, and so we wouldn’t be in a position to act on trademark reports that require an in-depth trademark analysis. This is also the case for trademark reports that appear to involve a real-world dispute that wouldn’t be resolved by any action that Facebook could take. For example, if a trademark owner uses a trademark to refer to their restaurant that is exclusively located in one country, they generally won’t be able to prevent another person from using the same term to refer to their own unrelated restaurant in a different country.
In these situations, rather than contacting Facebook, you may want to reach out directly to the party that you believe is infringing your rights, or seek any resolution in court or by other judicial means. Learn more about how to report content on Facebook
that you believe infringes your trademark.
What is trademark infringement?
What is trademark infringement?
Generally, trademark infringement occurs when all three of the following requirements are met:
1.
A company or person uses a trademark owner’s trademark (or similar trademark) without permission
2.
That use is in commerce, meaning that it’s done in connection with the sale or promotion of goods or services
3.
That use is likely to confuse consumers about the source, endorsement or affiliation of the goods or services
The touchstone of trademark infringement is often “likelihood of confusion,” and there are many factors that determine if a use of a trademark is likely to cause confusion. For example, when a person’s trademark is also used by someone else, but on unrelated goods or services, that use may not be infringement because it may not cause confusion. Which party used the trademark first can often be an important consideration as well.
There are also many limits to trademark rights that can preclude a trademark infringement claim. These include, among other things, geographic limitations, as well as the ability for someone to use your trademark to lawfully comment on or criticize your goods or services.
Please note that the law in different countries relating to trademark rights and trademark infringement can vary. If you’re not sure if a particular use of a trademark would be considered infringement, you may want to seek legal advice.
Trademark Dilution
Trademark dilution may also be unlawful in certain countries. Dilution, which applies to famous trademarks, may occur in certain circumstances when a trademark is used without permission in commerce. Examples of dilution can include blurring (using the mark for unrelated goods or services in a way that weakens the distinctiveness of the mark) or tarnishment (using the mark in an unflattering or offensive way).
Does a trademark need to be registered to be protected?
Does a trademark need to be registered to be protected?
In the U.S., a trademark can be registered with the United States Patent and Trademark Office (USPTO). Federal registrations with the USPTO establish trademark rights as of a certain date and provide a presumption that the registrant owns a valid trademark, among other things. For these reasons, trademark owners often obtain USPTO registrations.
Many other countries outside the U.S. have adopted similar systems, including the ability for trademark owners to register their trademarks. For example, in the European Union, a trademark can be registered with the European Union Intellectual Property Office (EUIPO) or with the national intellectual property offices within the Member States.
Both in the U.S. and in some other countries, depending on the relevant laws, a trademark owner may still have certain rights even without a registration. Typically, a trademark owner’s rights without a registration (often known as common law rights) may be weaker than rights that are subject to a registration. Also, it’s important to keep in mind that registering a company with a government office or getting a permit to do business in a specific country or state (for example, a business registration) usually doesn’t create a trademark right.
What is the difference between a trademark registration and a business registration?
What is the difference between a trademark registration and a business registration?
In some states in the U.S. and in some countries outside the U.S., a company might be able to register with a government office, or obtain a permit or license to do business in that country or state. These registrations, such as ones issued by a state’s Secretary of State, generally aren’t the same as a trademark registration, and may not create trademark rights for the company.
In the U.S., a trademark can be registered with the United States Patent and Trademark Office (USPTO). In the European Union, a trademark can be registered with the European Union Intellectual Property Office (EUIPO) or with the national intellectual property offices within the Member States.
How long does trademark protection last?
How long does trademark protection last?
Trademark rights may last indefinitely, but only if the trademark owner continues to use the trademark in commerce to identify their products or services. If a trademark owner stops using the trademark, or if it isn’t used properly, they might lose their trademark rights.
For trademarks that are registered with the United States Patent and Trademark Office (USPTO), registrations must be renewed periodically. For trademarks that are registered with the European Union Intellectual Property Office (EUIPO), registration lasts for 10 years and may be renewed indefinitely. The laws in other jurisdictions may vary.
What is a counterfeit?
What is a counterfeit?
A counterfeit good is a knockoff or replica version of another company’s product. It usually copies the trademark (name or logo) and/or distinctive features of that other company’s product to imitate a genuine product. The manufacture, promotion or sale of a counterfeit goods is a type of trademark infringement that is illegal in most countries, and is recognized as being harmful to consumers, trademark owners and honest sellers. Please note that counterfeit goods may be unlawful even if the seller explicitly says that the goods are counterfeit, or otherwise disclaims authenticity of the goods.
If you believe content on Facebook is selling or promoting counterfeit goods, you can report it by filling out this form
.
Are there any limits to trademark rights?
Are there any limits to trademark rights?
Not all uses of a trademark without permission from the rights owner are necessarily an infringement of that trademark. The use of a trademark is only infringing if it’s likely to confuse people regarding the source, endorsement or affiliation of products or services. So, if a trademark is used in a way that is unlikely to cause consumer confusion, that use is generally not considered infringing.
Simply referring to a trademark for the purpose of discussing the product or service offered probably won’t be an infringing use of the trademark, as long as that reference doesn’t use more of the trademark than is needed to make its point. In fact, you might need to use the trademark to describe or comment on a particular product or service. This is known as the doctrine of nominative fair use, and typically permits such uses as commentary, criticism, parody, reviews and, in some countries, comparative advertising.
And while these matters are very fact-specific, trademark rights also often don’t prevent:
The resale of legitimate goods or selling legitimate goods through channels that are not authorized by the trademark owner
The use of a trademarked word in its ordinary dictionary meaning
The use of a trademark in a way that is not related to the sale or promotion of products or services
Trademark rights are generally limited to the geographic territory where the trademark owner uses the trademark to identify their goods or services. For example, if a trademark owner uses a trademark to refer to their restaurant in Country A, they likely won’t be able to prevent another person from using the same term to refer to their own restaurant in Country B.
What’s the difference between copyright and trademark?
What’s the difference between copyright and trademark?
The law in most countries recognizes copyrights as well as trademarks. Copyright law and trademark law serve two different purposes.
Copyright
is meant to foster creativity and to provide incentives to create original works of authorship for the benefit of the public. Copyright protects original works like photos, videos, movies and music. It’s also important to note that, in the U.S., the Digital Millennium Copyright Act (DMCA) applies only to copyrights and doesn’t apply to trademarks.
Trademark
law is meant to prevent consumer harm because it prohibits someone other than the rights owner from using a trademark (for example, a brand’s logo) in a way that may confuse consumers. Trademark law protects brand names, slogans, logos or other symbols that help consumers identify the source of goods or services.
Trademark and Posting Content on Facebook
How can I make sure the content I post to Facebook doesn’t violate trademark law?
How can I make sure the content I post to Facebook doesn’t violate trademark law?
Under Facebook’s Terms of Service
and Community Standards
, you can only post content to Facebook if it doesn’t violate someone else’s intellectual property rights, including trademarks. Please note that as a Facebook user, you are responsible for the content you post. If your content violates Facebook’s policies or is reported to Meta as infringing the intellectual property rights of another party, Facebook may remove that content.
Before you post content, you might want to ask:
Have I used someone else’s trademark to sell or promote goods or services in a way that may confuse people?
Does my use of a trademark only refer to someone else’s goods or services, or make some other type of non-infringing use of the trademark (example: using a trademarked word in its ordinary dictionary meaning, or using the trademark in a way that is not related to the sale or promotion of products or services)?
If you have questions about trademark law or whether your content infringes another party’s trademark rights, you may want to seek legal advice.
Content I posted on Facebook was removed because it was reported for intellectual property infringement. What are my next steps?
Content I posted on Facebook was removed because it was reported for intellectual property infringement. What are my next steps?
When we receive a report from a rights owner claiming that content you posted on Facebook infringes their intellectual property rights, we may need to promptly remove that content from Facebook without contacting you first.
If we remove content you posted because of an intellectual property report submitted through our online form, you’ll receive a notification from Facebook that may include the name and email address of the rights owner who made the report and/or other details of the report. If you believe the content shouldn’t have been removed, you can follow up with the rights owner directly to try to resolve the issue.
If you're an admin on a Page, and content another admin posted on the Page was removed due to an intellectual property report, you'll receive a notification with information about the content that was removed, as well as the name of the other admin who posted it.
Appealing the removal of content
If your content was removed because of a trademark report, you can submit an appeal. Instructions will be available for you in the notification you receive from us in your Facebook account. Learn more
about our appeals process.
Repeated intellectual property infringer policy for Meta
Repeated intellectual property infringer policy for Meta
By using Facebook, you have agreed to our Terms of Service
. Our Terms prohibit people from taking any action on Facebook that infringes or violates someone else's intellectual property rights or otherwise violates the law.
Learn more about what you can do if you think your account was disabled by mistake
.
Loss of account, Pages, or groups, under repeat infringer policy
If a person repeatedly posts content that violates intellectual property rights, then their:
Account may be disabled
Page may be removed
Group may be removed
Examples of intellectual property include things like:
Copyrights
Trademarks
Post & access limits under repeat infringer policy
If a person repeatedly posts content that violates intellectual property rights, then under this policy their:
Abilty to post photos or videos may be limited
Access to certain features and functionaltiy may be limited
The actions taken under the policy may depend on the nature of the reported content and where it was posted.
Restored posts under repeat infringer policy
If something a person posted is restored due to an appeal or because a rights owner withdrew their report, then we’ll take that restoration into account under our repeat infringer policy.
Reporting Trademark Infringement on Facebook
How do I report trademark infringement on Facebook?
How do I report trademark infringement on Facebook?
Meta can’t adjudicate disputes between third parties, and so we wouldn’t be in a position to act on trademark reports that require an in-depth trademark analysis or a real-world dispute outside of Facebook. In these situations, rather than contacting Meta, you may want to reach out directly to the party that you believe is infringing your rights, or seek any resolution in court or by other judicial means.
You can report trademark infringement to us by by filling out this form
.
Please note that submitting a claim of trademark infringement is a serious matter with potential legal consequences. Before you submit a report, you may want to send a message to the person who posted the content and resolve the issue with them directly. You may be able to resolve the issue without contacting Meta.
Remember, only the trademark owner or their authorized representative may file a report of trademark infringement. If you believe something on Facebook infringes someone else’s trademark, you may want to let the rights owner know.
Please note that we regularly provide the rights owner’s name, your email and the details of your report to the person who posted the content you are reporting. This person may contact you with the information you provide. You may wish to provide a valid generic business or professional email for this reason.
Can I report an infringement of someone else’s intellectual property on Facebook?
Can I report an infringement of someone else’s intellectual property on Facebook?
Only an intellectual property rights owner or their authorized representative may report a suspected infringement. If you believe content on Facebook infringes someone else’s copyright or trademark rights, you may want to let the rights owner know.
Can I report a Facebook username for infringing my trademark?
Can I report a Facebook username for infringing my trademark?
Usernames
are generally claimed on a first-come, first-served basis. This means that you may see a Facebook Page or profile with a username that includes your trademark.
While there may be cases where this type of use can be reported for trademark infringement based on the context of its use, please note that not every use of your trademark in a username is necessarily a trademark infringement. A word or phrase that is used in a different context may not violate your trademark. Learn more about trademark infringement
in our Help Center.
If you believe that a username infringes your trademark rights, you may want to contact the responsible person and try to resolve your issue with them directly. If you’re sure you want to report a username on Facebook that you believe infringes your trademark, you can do so by reporting it to Facebook
.
What should I consider before submitting a report of intellectual property infringement to Facebook?
What should I consider before submitting a report of intellectual property infringement to Facebook?
Before you submit a report, please consider whether the content you want to report may be a permissible use of your copyright
or trademark
. If you’re not sure whether the content you’re reporting infringes your intellectual property rights (ex: because it may be a fair use), you may want to seek legal guidance.
Please note that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. Intentionally submitting misleading or otherwise fraudulent reports of copyright or trademark infringement may lead to Facebook taking action, including termination of your account.
For copyright, it’s important to note that intentionally submitting a misleading or fraudulent report may also lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries.
What information do I need to include in a trademark report to Meta?
What information do I need to include in a trademark report to Meta?
The fastest and easiest way to submit a report of trademark infringement to us is to contact Facebook
. Whether you submit your report through our online form or another method, Meta needs the following information to be able to process your report:
Your complete contact information (full name, mailing address and phone number)
The specific word, symbol, etc. in which you claim trademark rights
The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable
The country or jurisdiction in which you claim trademark rights
The category of goods and/or services for which you assert rights
Information reasonably sufficient to permit us to locate the material on Facebook that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content. Learn how to find a URL
.
A description of how you believe this content infringes your trademark:
If you aren't the rights owner, an explanation of your relationship to the rights owner
A declaration that:
You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law
The information in your notice is accurate
Under penalty of perjury, you are the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed
Your electronic signature or physical signature:
Please note that we regularly provide the rights owner’s name, your email address and the details of your report to the person who posted the content you are reporting. This person may contact you with the information you provide. For this reason, you may want to provide a valid generic business or professional email address.
What happens when I submit a trademark report to Meta?
What happens when I submit a trademark report to Meta?
If you submitted a trademark report
to us through our online form or via email, you’ll receive an automated message that contains information about your report, including a unique report number. You should save this number in case you need to contact us about your report.
Sometimes, we might respond to your report and ask for more information. If you receive a message from our team you should respond directly to that message. Your response will be received by our team so they can continue to look into your report.
Please note that we regularly provide the person who posted the content with the following information about your report:
Report number
Rights owner's name
Email address provided by the reporting party
Details of the report
Instructions on how to submit an appeal
The person whose content was removed may contact you with the information you provide. For this reason, you may want to provide a valid generic business or professional email address in your report.
How do I report an advertisement for intellectual property infringement on Facebook?
How do I report an advertisement for intellectual property infringement on Facebook?
If you own a registered trademark, you may be eligible to use Brand Rights Protection. This tool allows you to identify trademark violations, counterfeit products and copyright infringement across Meta technologies such as Facebook and Instagram. Learn more about Brand Rights Protection
, including how to apply.
If you don’t have access to Brand Rights Protection, and you believe content on Facebook is infringing your intellectual property rights, you can report it to us through one of the following forms:
Copyright
Trademark
Counterfeit
If you use business manager, you can also report intellectual property infringement
. If not, you can use the Intellectual Property Reporting Center
.
Reported content will be reviewed by our IP operations team. If you submit a report, please include a direct link to the ad. If you don’t have a direct link to the ad, you can attach a screenshot to your report.
Report an advertisement on Facebook
1.
Click 
next to the ad you want to report.
next to the ad you want to report.2.
Click Report ad
and follow the on-screen instructions.
How do I report a third-party app on Facebook that I think infringes my intellectual property?
How do I report a third-party app on Facebook that I think infringes my intellectual property?
Some apps you may find on Facebook are created and operated by third-party developers. Meta doesn’t control the content made available through these apps.
If you believe an app developer isn’t following the Facebook Terms of Service
, we suggest contacting the developer directly with your concerns.
Retract an intellectual property report that you've submitted to Facebook
Retract an intellectual property report that you've submitted to Facebook
If you submitted an intellectual property report, but then reached an agreement with the person who posted the content, or if you reported content by mistake, you can withdraw your intellectual property report.
The best way to do that is to complete the Retraction Form provided to you in the email you received when you filed your report. Alternatively, you can submit this form.
Once we receive your notice withdrawing your report, we’ll restore the content if it has already been removed and send you an email confirmation. We may be unable to restore the content in certain instances, including due to technical limitations or if the content was removed for other reasons unrelated to your intellectual property report.
Facebook removed content as a result of my trademark report. What information is sent to the person who posted that content?
Facebook removed content as a result of my trademark report. What information is sent to the person who posted that content?
When we receive trademark reports
and remove the reported content, we typically provide the person who posted the content with the following information:
Report number
Rights owner’s name
Email address provided by the reporting party
Details of the report
Instructions on how to submit an appeal
The person whose content was removed may contact you with the information you provide. You may want to provide a valid generic business or professional email address for this reason.
In rare cases (such as when we are contacted by fax, mail or email), we provide the report number and a description of the removed content. Meta may provide additional information if it’s requested by the person who posted the reported content.
What tools does Facebook provide to help me enforce my intellectual property rights in advertisements and sale posts?
What tools does Facebook provide to help me enforce my intellectual property rights in advertisements and sale posts?
If you own a registered trademark, you may be eligible to use Brand Rights Protection. This tool allows you to identify trademark violations, counterfeit products and copyright infringement across many of our platforms. Learn more about Brand Rights Protection
, including how to apply.
