Brand Representation and Trademark Policy

Effective Date: March 8, 2025

At Upcyclers, we value transparency and accuracy in product listings. Sellers must ensure their descriptions do not mislead buyers or infringe on intellectual property rights. This policy helps prevent confusion regarding brand affiliation, authenticity, and trademark use.

Prohibited Practices

False Brand Affiliation – Sellers must not imply that a product is affiliated with, sponsored by, or endorsed by a brand if it is not.

  • Misleading: Custom [Brand] Jacket – Official Collaboration
  • Non-Misleading: Handcrafted jacket featuring design elements reminiscent of [Brand] style

Misleading Authenticity Claims – Items must not be falsely presented as official brand products.

  • Misleading: Authentic [Brand] Bag – Handmade by Me! (if authenticity isn’t verified)
  • Non-Misleading: Luxury-inspired handmade bag – not affiliated with [Brand]

Unauthorized Trademark Use – Sellers must avoid using brand logos or trademarked designs in a way that suggests an official connection.

Counterfeit, Replica, or Misrepresented Items – Listing counterfeit or misrepresented secondhand items is not allowed. Sellers must clearly indicate if an item is secondhand and authenticity is uncertain.

Non-Misleading Practices

Accurate Descriptions – Clearly describe materials, design, production method (upcycled, handmade, or pre-owned), and condition.

Clear Product Representation – Specify when an item is handmade, upcycled, or pre-owned. For secondhand items, provide details on condition and authenticity, including uncertainties.

Factual Use of Brand Names – Brand names may only be used for material identification (e.g., Made from upcycled [Brand] denim or Pre-owned [Brand] jacket) and must not imply official endorsement.

Authenticity Claims for Secondhand Items – Sellers must accurately represent authenticity and only claim an item is genuine if verifiable.

  • Misleading: Authentic [Brand] Bag – 100% Genuine! (if authenticity isn’t verified)
  • Non-Misleading: Second-hand [Brand] item with detailed photos of label, stitching, and serial number

Brand Affiliation Disclaimer

To clarify that a product is not officially associated with a brand, sellers must include a disclaimer in the product description. Below are sample disclaimers for guidance only. Sellers are responsible for ensuring their listings comply with intellectual property laws.

  • This tote bag, upcycled from pre-owned [Brand] denim, is an independent creation and does not imply any official affiliation, sponsorship, or endorsement by [Brand].
  • This product is made from reclaimed [Brand] materials and is not an official [Brand] product.
  • Inspired by [Brand] style, this item is independently designed and not affiliated with [Brand].
  • Mention of [Brand] is for material identification only. This is a custom upcycled piece, not an official [Brand] product.
  • This product is crafted using vintage [Brand] fabric and does not imply any affiliation with [Brand].

Enforcement & Compliance

Upcyclers reviews listings for compliance. If a listing violates this policy, the platform may:

  • Remove non-compliant listings
  • Restrict visibility of listings that do not meet guidelines
  • Suspend or limit accounts for repeated violations
  • Hold payments on sales involving trademark or authenticity concerns

These measures help ensure transparency and compliance with intellectual property rights. Sellers are encouraged to review these guidelines carefully and seek legal advice if needed.

Legal Disclaimer

Upcyclers is an independent marketplace and is not affiliated with, endorsed by, or sponsored by any brands mentioned in listings. All trademarks remain the property of their respective owners. Sellers are responsible for ensuring compliance with intellectual property and consumer protection laws. This policy is designed to support clear, descriptive, and upcycled product listings but does not guarantee complete legal protection.

Policy Integration with Terms of Service

This policy is part of Upcyclers’ Terms of Service. By selling on Upcyclers, sellers agree to follow these guidelines. If a violation occurs, Upcyclers may take appropriate action, including listing removal, visibility restrictions, or account suspension.

For questions or to report a potential violation, contact info@upcyclers.com.