Shoptank Trademark Guidelines

Last Updated: 8 July 2025

1. Introduction and Scope

Shoptank respects intellectual property rights and is committed to maintaining a platform that operates in compliance with trademark laws across all jurisdictions where we operate, with particular attention to European Union trademark regulations.
Important Notice: These guidelines apply exclusively to content and activities on the Shoptank platform (shoptank.io and related services). They do not apply to information stored on blockchain networks, third-party platforms (including Shopify stores), or websites we do not control.

2. Understanding Trademarks

A trademark is any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. This includes:

  • Words, names, and slogans
  • Logos, symbols, and designs
  • Colors, sounds, and shapes
  • Geographic designations and collective marks

Trademark Rights: Under EU law, trademark rights arise from:

  • Registration with the European Union Intellectual Property Office (EUIPO)
  • National trademark registrations within EU member states
  • Unregistered rights through use in commerce (where applicable)
  • International registrations designating EU territories

3. Platform Guidelines for Users

3.1 Prohibited Uses

You must not:
a. Use any trademark, trade name, service mark, or logo that belongs to another party without explicit written authorization;
b. Create tokens or content using names, logos, or branding that could cause consumer confusion about the source, sponsorship, or affiliation of your tokens;
c. Use trademarks in a manner that suggests endorsement, partnership, or affiliation with the trademark owner without explicit permission;
d. Register domain names or create social media accounts that incorporate third-party trademarks in a confusing manner;
e. Use well-known trademarks in ways that could dilute their distinctive character or tarnish their reputation;
f. Engage in cybersquatting or trademark squatting behavior;
g. Use geographical indications or protected designations of origin without authorization.

3.2 Permitted Uses

You may:
a. Referential Use: Reference trademarks in passing for descriptive purposes (e.g., "Compatible with [Brand] products");
b. Comparative Use: Make factual comparisons with trademarked products or services, provided such use is honest, fair, and not misleading;
c. Nominative Fair Use: Use trademarks to identify specific products or services in a factual, non-commercial context;
d. Parody and Commentary: Create clearly identified parody, commentary, or fan content, provided you:

  • Clearly indicate the content is unofficial parody/commentary
  • Include appropriate disclaimers (e.g., "Unofficial [Brand] parody")
  • Do not create likelihood of confusion
  • Comply with applicable fair dealing/fair use laws

e. News and Educational Use: Reference trademarks in news reporting, educational content, or historical discussion;
f. Descriptive Use: Use terms that happen to be trademarked when used in their ordinary descriptive sense.

3.3 Best Practices

To avoid trademark issues:

  • Conduct Searches: Check EU trademark databases before creating tokens or content
  • Use Disclaimers: When referencing others' marks, include clear disclaimers
  • Seek Permission: Obtain written consent for any commercial use of third-party marks
  • Document Authorization: Keep records of any permissions received
  • Monitor Usage: Regularly review your content for potential trademark conflicts

4. Shoptank's Role and Limitations

4.1 Platform Operator Role

Shoptank operates as:

  • A hosting service provider under the EU E-Commerce Directive (2000/31/EC)
  • An intermediary service provider under the Digital Services Act
  • A technology platform facilitating user-generated content

We do not:

  • Monitor all content proactively for trademark violations
  • Adjudicate trademark disputes between parties
  • Provide legal advice regarding trademark rights
  • Guarantee the accuracy of trademark ownership claims

4.2 Notice and Action Procedure

Upon receiving proper notice of alleged trademark infringement, we will:

  • Assess Completeness: Verify the notice contains all required information
  • Legal Review: Evaluate claims against applicable EU and national laws
  • Proportionate Response: Take appropriate action based on the severity and validity of claims
  • User Notification: Inform affected users where legally permissible
  • Documentation: Maintain records as required by applicable law

4.3 Safe Harbor Protection

Shoptank relies on safe harbor provisions under:

  • EU E-Commerce Directive Article 14 (hosting exemption)
  • Digital Services Act provisions for intermediary services
  • National implementations of EU directives
  • International treaties and conventions

Conditions for Safe Harbor:

  • We do not have actual knowledge of infringing activity
  • We are not aware of facts indicating infringing activity
  • We act expeditiously to remove/disable access upon obtaining knowledge
  • We do not receive financial benefit directly attributable to infringing activity

5. Reporting Trademark Infringement

5.1 Required Information

To report alleged trademark infringement, provide:
A. Complainant Information:

  • Full legal name and contact details
  • Physical address within the EU (if applicable)
  • Evidence of trademark ownership or authorization to act
  • Relationship to the trademark owner

B. Trademark Identification:

  • Trademark registration number(s) and jurisdiction(s)
  • Description of goods/services covered
  • Evidence of trademark registration or unregistered rights
  • Jurisdictions where rights are claimed

C. Infringement Details:

  • Specific location of alleged infringement on our platform
  • Clear description of how trademark rights are being violated
  • Evidence of likelihood of confusion or other trademark violation
  • Good faith statement regarding the accuracy of the complaint

D. Legal Statements:

  • Statement of good faith belief that use is unauthorized
  • Statement that information provided is accurate
  • Statement of authority to act on behalf of trademark owner
  • Acknowledgment of potential perjury penalties for false statements

5.2 Submission Process

Send reports to:

  • Email: [email protected]
  • Subject: "Trademark Infringement Report"
  • Language: English (translations accepted with original language version)

Processing Time:

  • Initial response: Within 5 business days
  • Investigation completion: Within 15 business days
  • Complex cases may require additional time

6. Response to Infringement Claims

6.1 Our Assessment Process

We evaluate reports based on:

  • Legal Validity: Whether claims have merit under applicable law
  • Jurisdictional Issues: Which laws apply to the specific situation
  • Platform Policy: Compliance with our terms of service
  • Proportionality: Whether requested action is appropriate
  • User Rights: Consideration of legitimate interests and free expression

6.2 Possible Actions

Depending on circumstances, we may:

  • No Action: If claims lack legal merit or fall within permitted uses
  • Content Removal: Remove specific infringing content
  • Account Restrictions: Limit user access or capabilities
  • Educational Notice: Provide guidance to users about trademark compliance
  • Account Suspension: Temporary restriction pending resolution
  • Account Termination: Permanent removal for repeat or severe violations

6.3 Appeals and Counter-Notices

Users may submit counter-notices containing:

  • User Information: Contact details and identification
  • Content Identification: Specific content subject to action
  • Legal Basis: Explanation of why content should be restored
  • Supporting Evidence: Documentation supporting counter-claim
  • Good Faith Statement: Declaration regarding accuracy and authorization

Counter-Notice Review:

  • Assessment within 10 business days
  • Consideration of all relevant legal factors
  • Potential restoration of content if legally justified
  • Notification to original complainant where appropriate

7. Repeat Violations and Enforcement

7.1 Progressive Enforcement

For repeat violations:

  • First Violation: Warning and educational guidance
  • Second Violation: Temporary content restriction
  • Third Violation: Account suspension (7-30 days)
  • Ongoing Violations: Permanent account termination

7.2 Immediate Termination

We may immediately terminate for:

  • Intentional and systematic trademark infringement
  • Commercial counterfeiting or piracy
  • Bad faith trademark claims or abuse of reporting system
  • Violations of other platform policies in conjunction with trademark issues

8.1 Applicable Law

This policy is governed by:

  • European Union trademark law and directives
  • National trademark laws of EU member states
  • International trademark treaties (Madrid Protocol, Paris Convention)
  • Relevant case law from European courts

8.2 Dispute Resolution

Trademark disputes may be resolved through:

  • Direct Negotiation: Between parties with platform facilitation
  • Alternative Dispute Resolution: Mediation or arbitration services
  • EUIPO Opposition/Cancellation: Official trademark proceedings
  • National Courts: Litigation in appropriate jurisdictions
  • EU Courts: For cross-border or EU-wide trademark issues

8.3 Cooperation with Authorities

We cooperate with:

  • EUIPO investigations and proceedings
  • National trademark offices and courts
  • Law enforcement agencies (where legally required)
  • Regulatory authorities in EU member states

9. Platform-Specific Considerations

9.1 Token Creation

Special considerations for token-based content:

  • Blockchain records may be immutable even after platform action
  • Token names and symbols require careful trademark clearance
  • Smart contract metadata may contain trademark-protected content
  • Cross-platform implications for token distribution

9.2 Shopify Integration

Regarding our Shopify integration:

  • Users remain responsible for trademark compliance in their stores
  • Platform actions do not affect Shopify store content directly
  • Users must separately address trademark issues across platforms
  • We may share relevant information with Shopify where legally required

10. User Education and Resources

10.1 Educational Resources

We provide:

  • Regular updates on trademark law developments
  • Best practice guides for token creators
  • Links to official trademark databases
  • Template permission request forms

Key trademark search resources:

  • EUIPO: eSearch plus database
  • WIPO: Global Brand Database
  • National Offices: Individual EU member state databases
  • TMview: Pan-European trademark search

11. Policy Updates and Changes

11.1 Modification Process

We may update this policy to reflect:

  • Changes in applicable trademark law
  • EU regulatory developments
  • Platform feature updates
  • User feedback and operational experience

11.2 Notification of Changes

For policy updates:

  • Email notification for material changes affecting user rights
  • Platform announcements for general updates
  • Updated effective date prominently displayed
  • Reasonable transition period for compliance

12. Contact Information and Support

12.1 Trademark Inquiries

For trademark-related matters:

  • Email: [email protected]
  • Subject Line: "Trademark Inquiry - [Type]"
  • Response Time: 3-5 business days
  • Languages: English, [Other EU languages as available]

12.2 General Support

For platform support:

Disclaimer: This policy provides general guidance and does not constitute legal advice. Users should consult qualified legal counsel for specific trademark questions. Shoptank reserves the right to interpret and apply this policy in accordance with applicable law and platform policies.
Effective Date: This policy is effective as of the date stated above and applies to all platform activities from that date forward.
Language: This policy is available in multiple languages. In case of conflicts between versions, the English version governs except where local law requires otherwise.