TM protection at customs

Customs is not only a place of border crossing and customs payments. It is also a powerful tool for protecting your trademark (TM). In the world, more and more attention is paid to the protection of intellectual property, in particular at customs, where the illegal movement of goods infringing the rights of trademark owners can be detected and stopped.

How is the TM protection process carried out at customs?

Monitoring and detection.

• Market surveillance: Customs conducts systematic monitoring of goods imported or exported across the border.
• Detection of infringements: Customs may detect goods that are similar to your TM or infringe your rights.

Stop and check.

• Import stop: Customs can stop the movement of goods that infringe TM rights.
• Document verification: customs checks documents confirming the legality of the goods and their compliance with the declared TM.

Information and response.

• Owner notification: Customs may notify the TM owner of detected violations.
• Responding to violations: the owner of the TM is given the opportunity to apply to the customs office with a request to stop the violations.

Variants of actions of the TM owner in relation to the violator at customs

Within 10 days after the notification from the customs, the owner of the trademark has the opportunity to make a strategic decision regarding further actions regarding the violator. Here are some options he might consider:

Agreement through license agreement:

• The TM owner may consider entering into a license agreement with the infringer.
• In such a case, the owner may grant the infringer the right to use his TM under the conditions specified in the agreement and in exchange for appropriate compensation.

Addressing the court:

• If the owner believes that the violation of his TM rights is serious and does not agree to a compromise, he can go to court.
• Legal action may include claims to cease violations, damages, and other legal remedies.

Compromise solution:

• Sometimes it is worth considering the possibility of reaching a compromise solution with the violator without court proceedings.
• This may involve negotiating and reaching a mutually beneficial agreement that satisfies both parties.

Consultation with a lawyer:

• Before making a decision, the TM owner is advised to contact legal experts for qualified advice.
• A lawyer will help assess the situation, consider all options and develop an optimal plan of action.

The TM owner has the right to choose the option that corresponds to his goals, interests and business development strategy. The key is a competent and well-founded strategy that will help ensure the protection of his rights and interests in the field of intellectual property.

Support in writing an application for trademark protection at customs

Our law firm “Prykhodko and Partners” is ready to provide you with full support in writing an application for the protection of a trademark (TM) at customs. Our experience and professionalism will allow you to effectively protect your rights and interests. Check out our support process:

Application preparation.

• Our team of lawyers and intellectual property experts will prepare a professional application for TM protection at customs. We will take into account all the necessary details, including legal aspects, facts of infringement and evidence of your TM rights.

Submission and support.

• After preparing the application, we will submit it to the relevant customs office. Our lawyers will manage all documentation and communication with customs, ensuring a proper application process and defending your interests.

Monitoring and tracking.

• We also constantly monitor the situation and track the reaction of customs to our application. If necessary, we are ready to make changes and additional arguments for effective protection of your TM.

Representation of interests.

• Our company provides a full service of representing your interests in all aspects of TM protection at customs. We guarantee professionalism, confidentiality and responsibility at every stage of the process.

Consultation and analysis.

• In the event that the customs office reports a violation of your TM, our qualified lawyers will consult with you for a thorough analysis of the situation. We will study all aspects of the violation of your TM at customs, assess the scope of the violation and determine the optimal action plan for its protection.

Do not hesitate to contact us for support in writing an application for the protection of your trademark at customs. We will provide the highest level of legal support and help you protect your rights and interests in the field of intellectual property.

If you need advice or want to know the cost of TM protection at customs, fill out the form below.