When customs stops counterfeit goods: what to do first
Once customs detains a shipment suspected of infringing your trade mark, a strict response window starts immediately. You must confirm the goods are counterfeit, decide whether to consent to destruction or take the matter to court, and reply within the deadline stated in the notification. Missing that deadline lets customs release the goods.
Legal basis
Customs enforcement of intellectual property rights across the European Union runs on Regulation (EU) No 608/2013. It gives customs authorities the power to detain goods suspected of infringing a registered trade mark and to notify the rights holder. The underlying right itself, where it is a European Union trade mark, is governed by Regulation (EU) 2017/1001 (EUTMR). Customs does not decide whether infringement exists; it detains, notifies, and waits for your response.
What changes once goods are detained
The notification identifies the shipment, describes the suspected goods, and gives a reference number. From that point several things move at once. The consignee's name, contact details, and often the declared value become available to you as the rights holder, under Regulation (EU) No 608/2013.
If that information is then passed on to an external brand-monitoring provider for further checks, a separate question opens: When personal data flows to a new subprocessor: what to do first covers the provider side of that transfer. This note covers the customs side only.
What to do first
- Read the notification within the day. Note the deadline date itself, not just the length of the window, and calendar it.
- Instruct your IP counsel to confirm counterfeit status against the original registration certificate and physical samples.
- Decide, with counsel, whether to consent to simplified destruction or preserve the matter for further proceedings.
- Notify customs of your decision in writing, quoting the reference number from the notification.
- If you do not consent, instruct counsel to prepare the court filing before the deadline closes.
- Keep the importer's contact details on file. An objection from the importer restarts the clock on a different basis.
Who decides, and on what evidence
Customs does not rule on infringement. It applies the description in your application for action and compares it against the physical samples in the shipment. If you consent to destruction and the declarant raises no objection, the goods are destroyed under Regulation (EU) No 608/2013 without any court ruling. If the declarant or importer objects, the matter moves to the competent national court, which decides on the merits under the trade mark rules in Regulation (EU) 2017/1001 (EUTMR).
| Step | Who acts | Outcome |
|---|---|---|
| Notification issued | Customs authority | You learn a shipment matches your application for action |
| Confirmation of status | Rights holder, with counsel | Determines whether the destruction procedure can start |
| Consent or objection | Declarant or holder of the goods | Determines whether goods are destroyed or a court claim follows |
| Court claim, if contested | Rights holder before the national court | Determines the final disposal of the goods |
If your situation differs
- If the goods are not counterfeit but a competitor's lawful redesign that avoids your registered rights, this is not a customs matter at all. See When a rival launches an obvious workaround and its consequences follow a different track entirely.
- If the goods carry a digital certificate or token issued by a platform connected to the trade mark owner, verifying that layer is a separate exercise. See When the issuer and the platform are related step-by-step guide for what to check first.
- If you are the importer receiving the notification rather than the rights holder, your options and deadlines differ. This note is written from the rights holder's side.
Sources and limits
This note covers the customs procedure under Regulation (EU) No 608/2013 and the trade mark basis under Regulation (EU) 2017/1001 (EUTMR). It does not cover parallel criminal proceedings, the calculation of damages, or the separate question of tracing the assets behind a persistent infringer once the shipment itself is resolved. For that last point, a factual report such as Asset in Netherlands step by step maps what can be established before any claim is filed.
Verified: 4 February 2025. Primary sources: Regulation (EU) No 608/2013; Regulation (EU) 2017/1001 (EUTMR).
Related publications
A related situation, outside customs, arises when a franchise partner keeps using your sign after the relationship ends. See When a franchise partner leaves with the sign step-by-step guide for the first moves in that scenario.
Cost factors and response time
What this takes to run depends on how many customs authorities are involved, whether the shipment is the first of several, whether the deadline is already running, and whether the importer intends to contest destruction. We reply to a first message within minutes during working hours and confirm a quote within one working day.
Send us the notification you received. We will confirm the deadline and the next step.
Frequently asked questions
What is the first step when customs stops counterfeit goods?
Read the notification and identify the exact deadline date. Then have counsel confirm the goods match your registered trade mark before you decide on destruction or court action.
Which deadline is already running?
The response window set out in the notification under Regulation (EU) No 608/2013 starts on the date customs issues it, not on the date you read it. Confirm the exact date stated in your copy.
Who decides, and on what evidence?
Customs does not decide infringement. If the importer raises no objection, the goods are destroyed on your confirmation. If the importer objects, a national court decides on the merits under Regulation (EU) 2017/1001 (EUTMR).