Counterfeits and customs enforcement

TRADE MARK SERVICES

Border measures can help address counterfeit goods, but effective action requires identifiable rights, useful product information and reliable contacts. Customs action must be coordinated with the applicable procedure and deadlines.

How we approach your matter

We review the rights and prepare practical distinguishing information. Product teams, logistics staff and legal representatives should know how to respond to a detention and preserve evidence.

Practical examples

Preparing a customs application

Prepare practical identification material showing genuine products and the features associated with suspected counterfeits. Confirm the relevant rights and responsible contacts before requesting customs assistance.

Responding to detained goods

Review the detention notice promptly, record its deadlines and obtain the available product information. Coordinate the rights holder’s instructions and local procedural advice before choosing the next step.

Investigating distribution channels

Trace the affected products, supply channels and territories using the available evidence. Combine customs work with a proportionate enforcement plan directed at the identified sources and distributors.

What to send us

  • The proposed mark or register numbers and proprietor details.
  • A description of the goods, services and target markets.
  • Relevant correspondence, evidence and deadlines.

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Practical legal assessment

Counterfeit enforcement requires a reliable distinction between genuine goods, fakes and other disputes. Comparison images, security features, authorised manufacturing sites and known distribution routes help classify a report. Precise information supports both internal review and cooperation with authorities.

Coordinate border measures with civil claims. A detention may trigger short response periods and specific requirements for the rights holder. Identify primary and substitute contacts before a case arises.

Check that the asserted right applies in the territory and covers the goods. Consent, exhaustion, transit and supply-chain questions should not automatically be treated as straightforward counterfeiting. Preserve documents and samples with a clear record.

Four practical examples

Illustrative scenarios to explain the assessment; these are not reports of client matters.

Suspect shipment

A customs report shows unusual packaging. Product specialists compare it with genuine samples and document their assessment within the procedure.

Absent contact

A report arrives while the usual contact is away. A designated substitute handles the review so deadlines are not left unattended.

Genuine goods from another market

The goods appear genuine but come from a different region. Review consent and the supply chain; authenticity and lawful distribution are separate questions.

Recurring fakes

Several shipments share characteristics. Consolidate the information for future reviews while assessing each suspected case on its own evidence.

How is product assessment prepared?

Prepare genuine-product features, known differences and reliable technical contacts in advance. Verify suspicions against the actual goods. Internal procedures and cover help respond properly within the applicable deadline.

Preparing the next step

Provide the exact sign, relevant products, target territories and any register numbers. If there is an office notice or dispute, include the complete correspondence and the date of receipt. We identify missing information, agree the scope and clarify fees before taking further steps.

A useful instruction file distinguishes the confirmed facts, missing information and decisions still to be made. Keep dated versions of specifications, sign designs and correspondence so changes can be traced. Agree who approves each step and who monitors the next deadline. Where several companies or advisers are involved, document their respective roles. The resulting plan should connect the legal assessment with the operational changes needed in packaging, contracts, sales channels or register administration.

Discuss this matter

Discuss your trade mark matter

Tell us about your mark, target markets and any deadline. All fields are optional; please provide an email address or telephone number if you would like a reply. Sending an enquiry does not itself place an order or establish a client relationship.

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