How do I report a counterfeit on eBay.ca with VeRO?
Short answer
If you own the rights or are their authorized representative, report it to eBay through the Notice of Claimed Infringement (NOCI) form or the VeRO Portal. List the exact item IDs, pick one reason code (1.1 for counterfeits), and state where your right is protected. eBay then reviews the report and may remove the listing.
This is general information, not legal advice. If a dispute escalates, talk to independent licensed IP counsel.
Who can report a counterfeit on eBay.ca?
eBay's VeRO page for eBay.ca is blunt about it: "The VeRO Program is only for rights owners or their authorized representatives." Its Seller Centre page says the same in slightly different words, open to "owners of intellectual property (IP) rights and their authorized representatives."
If you are not a rights owner, eBay points you to the question mark icon on the item page, then "Submit report." That is a general report, not a VeRO filing.
Our broader walk-through of the program, mostly from the US side, is in how to remove a counterfeit listing on eBay with VeRO. This post covers what changes when the listing is on eBay.ca.
What does eBay's policy say about fakes?
eBay's intellectual property policy says: "Counterfeit items, unauthorized replicas, and copies of protected original items are not allowed on eBay." Listing a fake is prohibited even if the seller labels it as a copy. Consequences for sellers can include removed listings, warnings, restrictions and suspension.
The same policy tells people to seek legal advice on whether a particular item infringes. We agree, and that is where independent licensed IP counsel comes in when a case is contested.
What can VeRO act on, and what can't it?
The eBay.ca VeRO page says it covers listings that infringe intellectual property, including counterfeits, fakes or replicas, and copyrighted content used without permission.
It does not cover:
- Controlling where or how a product is resold.
- Preventing sales below a set price.
- Distribution or pricing agreements. eBay says VeRO "only applies to intellectual property rights."
- Government-controlled illegal items.
- Stolen items. For those, eBay says to contact local law enforcement.
The NOCI form repeats the point: VeRO does not process selective distribution agreement, minimum advertised price or contract violations. If your problem is a genuine product sold below your price, this is the wrong tool.
Should I use the NOCI form or the VeRO Portal?
Two routes, both described on the eBay.ca VeRO page:
- The NOCI form. Complete the Notice of Claimed Infringement and send it in. The pages.ebay.ca page lists askvero@ebay.com as the contact.
- The VeRO Portal. eBay says you can use it to submit reports, manage multiple brands and track account activity. If you protect more than one brand or file regularly, this is the more practical route.
One wrinkle: the eBay.ca Seller Centre page lists a different address, vero@ebay.com, for sending the NOCI by email (or by fax). We cannot tell you which is current on the day you read this, so use whichever address the current eBay.ca VeRO page shows.
Is there a Canadian version of the NOCI?
Not that we found. The Seller Centre page links country-specific NOCI forms for Australia, Germany, Spain, France and Italy, and says other locations use the standard NOCI. The eBay.ca VeRO page itself sets out no Canada-specific VeRO rules. So for a Canadian listing you use the standard NOCI form.
What does the NOCI ask for?
Preparing these in advance makes the filing quick:
- Your details. Name, mailing address and an email address for communication with eBay.
- Proof of authority. If you are reporting for the IP owner, the form asks for proof of reporting authorization.
- Item IDs or product URLs. List every listing you are reporting.
- One reason code per item. For a counterfeit trademark, code 1.1. Code 2.1 is for listing content that infringes a trademark. Code 3.2 is a counterfeit that infringes copyright, and 4.1, 4.2 and 4.3 cover copied text, images, or both. Codes 5.1 and 5.2 are for registered patents and registered designs or utility models, and 6.1 is other.
- Why it infringes. A short, concrete description.
- Registration details, if the right is registered: the registration number, the IP office name, and a link or copy.
- Jurisdictions. The form asks, "In what jurisdiction(s) is the relevant intellectual property protected?"
- A declaration. You state the information is accurate and complete and made in good faith.
On that last point, the penalty of perjury wording applies only "if reporting from within the United States or its territories." If you file from Canada, that specific wording is not triggered, but the good-faith declaration still applies. Treat accuracy as non-negotiable either way.
Does a US trademark count for an eBay.ca listing?
This is the question we hear most from US brands, and we will not guess at the answer. The NOCI asks which jurisdictions your right is protected in, so a reviewer will be looking at that answer. A Canadian reviewer can reasonably expect to see Canadian rights, or at least a clear basis for the claim. We do not know how eBay weighs a US registration for an ebay.ca listing, and eBay's public pages do not say.
What we can source is the legal baseline. The Canadian Intellectual Property Office says registering your trademark with the Registrar "protects your rights in Canada only." Using a mark in Canada can also give common law rights there. A US registration, by itself, does not give you Canadian trademark rights. We explain the gap in does my US trademark protect me in Canada, and the same issue shapes Amazon enrollment, covered in Amazon Brand Registry for amazon.ca with a US trademark.
The practical takeaway: answer the jurisdiction question truthfully. Do not list Canada as a protected jurisdiction unless you can point to the basis.
What if I only have copyright in my own photos?
Copyright is often the stronger route for stolen listing images. CIPO's copyright guide says a work is protected the moment it is created and fixed in material form, and that registering is voluntary. A registration certificate is evidence that copyright subsists, and it can be challenged in court. So photos you took yourself are protected without a Canadian filing, and a copyright reason code (4.2 for images) may fit even if you have no Canadian trademark.
Be specific about which images were copied and where your originals live. If the listing is a true counterfeit and also uses your photos, report each issue under its own code. Notice-and-notice is Canada's separate takedown mechanism, which we cover in does Canada have a DMCA takedown.
What happens after I report?
According to the eBay.ca VeRO page, eBay checks that the report is complete and accurate and may contact you. If the listing violates IP rights, it may be removed and the seller receives an explanation. Repeat violators may face selling restrictions or suspension.
Expect the seller to reach out. The Seller Centre page says that when a listing is removed, the seller gets an email explaining why it was reported and how to contact the rights owner. Sellers are told to contact eBay if the rights owner has not replied within 5 business days, and sellers are responsible for authenticity. Use a monitored brand inbox and answer factually.
If the listing stays live, eBay gives three possible reasons: the seller removed the content first, the listing was reinstated after a successful appeal, or eBay is waiting for more information. Check which applies before refiling.
Key takeaways
- VeRO is for rights owners and their authorized representatives, and it covers IP only, not pricing or resale terms.
- File a NOCI or use the VeRO Portal. eBay's pages show two different email addresses, so use the one on the current eBay.ca VeRO page.
- No separate Canadian NOCI is listed; other locations use the standard form.
- Pick one reason code per item: 1.1 for a counterfeit trademark.
- The form asks where your right is protected. A US registration is not a Canadian right, and we do not know how eBay weighs it for ebay.ca.
- The penalty of perjury wording applies to US filings, but the good-faith declaration applies regardless.
- Copyright in your own photos exists automatically.
How we handle it
Hauserman Listing Guard is not a law firm. For eBay.ca we confirm which rights you actually hold in Canada rather than assume, monitor listings, prepare the evidence, and file human-reviewed reports as the brand owner's authorized agent. Where Canadian legal work is needed, we coordinate qualified Canadian counsel so you keep one point of contact.
Sources
Frequently asked questions
Is there a separate Canadian NOCI form for eBay.ca?
Which email address do I use for VeRO reports?
Does a US trademark registration work for an eBay.ca listing?
Can I use VeRO to stop sellers who undercut my price?
What can I do if the listing stays live after I report it?
Hauserman Listing Guard is not a law firm and does not provide legal advice. This article is general information about platform procedures, not legal advice about your situation. For legal questions, talk to independent licensed IP counsel.