Customs have detained a shipment of your company because a rights holder has registered a suspicion of trademark, design or copyright infringement. You receive a notice with a deadline.
What matters now
- The deadlines are very short, often ten working days, and even shorter for perishable goods.
- Silence can count as consent to the destruction of the goods. If you want to keep them, you must object in time.
- Whether the suspicion is justified often depends on origin and supply chain: original goods from abroad, parallel imports and real counterfeits are treated differently.
- After an objection, the rights holder usually has to start court proceedings, otherwise the goods are released.
- If the goods come from a supplier, involve them immediately.
Documents I need
- the customs notice with its date
- invoices, shipping documents and orders for the shipment
- evidence of the origin of the goods and of the supplier’s entitlement
- photos of the goods, where possible
Next steps
Send me the documents by email to kanzlei@bauer.legal or use the appointment request, and mention any deadline that is running. I usually reply within one working day and let you know how things can proceed. You can write to me in English or German. If the deadline is close, it is best to call: +49 33365 784007. How we work together and how fees are charged is explained under How we work together.
More: Intellectual property.
This page gives a general overview of German law and does not replace advice on the individual case.