What is customs enforcement?

An application to Customs for trademark enforcement, also called an Application for Action (AFA), enables trademark owners to request Customs to act against the import of counterfeit products. By submitting this request, Customs can stop goods at the EU’s external borders and notify the trademark owner, who can then, if necessary, initiate legal proceedings.

How does it work?

1. Submit an application

Chiever files an application with Dutch Customs or the European authorities (EUIPO) for EU-wide protection, providing details about the intellectual property (IP) rights, such as the trademark.

2. Provide evidence

The application contains detailed information about the IP rights and the goods being infringed, enabling Customs to better identify counterfeit products.

3. Customs inspection

Customs inspects incoming goods from outside the EU for possible infringements.

4. Detention of goods

If Customs identifies counterfeit products, they are detained.

5. Notification of the trademark owner

Customs informs the trademark owner and asks them to confirm whether infringement has indeed occurred.

6. Take action

If infringement is confirmed, you can have the products destroyed and initiate legal proceedings..

Douanehandhaving

Why choose customs enforcement?

✅ Prevent damage before it happens
Your brand never ends up in customers’ hands through fake products.
✅ Effective and affordable
Rapid destruction without court involvement.
✅ International protection
Your application applies directly in multiple EU countries.
✅ Time-saving
Customs does the work.
✅ Professional guidance
We handle the application, communication, and follow-up with Customs.
✅ Strong brand, strong enforcement
Send a powerful signal to counterfeiters.
✅ Combine with trademark monitoring
Protect your brand both online and at the border.

Douanehandhaving

FAQ Customs Enforcement

What does customs do with regard to trademarks and counterfeit goods?

Customs authorities monitor imports and exports of goods that may infringe intellectual property rights such as trademarks. If infringement is suspected, the goods are detained. Customs then asks the trademark owner to confirm whether the goods are legitimate or infringing. If they are infringing, the goods can be destroyed and the sender may be held liable through legal proceedings.

Why is customs enforcement important for my trademark?

Counterfeit goods damage your revenue and harm the carefully built reputation of your brand. Customs enforcement helps stop counterfeits before they enter the market.

How can I ask customs to take action against counterfeit goods?

Chiever can assist you with submitting a so-called Application for Action (AFA) to Customs. In this application, you must describe the characteristics of your trademark registration and the related products.

Can the application cover multiple EU countries at once?

Yes. A Union AFA allows you to request customs enforcement in multiple EU Member States through a single procedure.

What happens after submission of the application?

Customs will assess the request and decide whether to allocate personnel and resources. If suspicious shipments are identified, customs will detain them and notify you to verify whether the goods are indeed infringing.

How long does it take to receive a response after submitting an application?

After filing, you will receive a response within a statutory period, usually within a few weeks, informing whether the request has been approved.

What can customs do with suspicious shipments?

Customs can detain goods, inspect them, take samples, and ultimately destroy or release them if no infringement is found.

Will I always be informed if goods are detained?

Yes. Customs informs both the rights holder and the carrier or recipient when goods are detained.

What if the recipient of the goods objects?

A procedure will follow to determine whether infringement has occurred, potentially involving legal action.

What does customs enforcement mean for my imports from non-EU countries?

All goods entering the EU from outside can be inspected. If they are suspected of infringement, they can be detained and, if confirmed as infringing, destroyed.

What is the difference between goods in transit and goods intended for the EU market?

Under EU rules, customs may also inspect and detain goods in transit if they are suspected of being counterfeit, even if they are not intended for sale within the EU.

Can customs also control shipments within the EU?

Transactions within the EU internal market generally do not fall under customs control. Enforcement in such cases takes place through civil or criminal legal proceedings.

Is trademark registration required to obtain customs enforcement?

Yes. You need a valid intellectual property right to request customs action. A registered trademark is the most common and practical basis for this.

How can I make my brand as “recognisable” as possible to customs?

Provide clear information in the application about key product features, logos, labels and authenticity markers. This helps customs identify counterfeit goods more quickly.

What can I do to prevent counterfeiting proactively?

In addition to filing customs applications, you should properly register your trademark, monitor online marketplaces and cooperate with logistics partners and enforcement authorities.

What happens if someone imports counterfeit goods without permission?

Customs can detain the goods. You may then initiate legal proceedings to hold the infringing party liable.

Can I be fined if I import counterfeit goods myself?

Yes. Customs can seize goods and impose fines when counterfeit goods are imported for commercial purposes.

Is possession of counterfeit goods a criminal offence?

In the Netherlands, possession for personal use is generally allowed. However, use for commercial purposes quickly constitutes infringement and may be punishable.

How long does a trademark protect my right to request customs action?

A registered trademark is valid for 10 years and can be renewed. During that period, you can request customs enforcement based on that registration.

Trademark Protection

Want to know more about customs enforcement?

In short: customs enforcement is a smart investment in brand security. Want to know how we can arrange this for you? Get in touch, we’ll be happy to help!

BK
Bas Kist Senior Trademark Attorney (Partner) +31 (0)20 8204002

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