Intellectual property · Legal information

How Does Trademark Protection at Customs Work?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Trademark protection at customs is an intervention, at the border, on a suspicion of counterfeit goods, and it is not a copy of infringement before a court. The question of how trademark protection at customs works is separate from the memorised idea that every consignment stops of itself. The right holder applies to the customs administration. A suspect consignment may be held, and the right holder is informed. There is no number of days in this text.

The application papers come from the register

The application should be consistent with the register certificate, the authority, and samples of the sign. A registration certificate and a customs application are not the same paper. If the certificate is old, a current register extract is requested separately. The extract shows the right holder and the class list. The list is there in order to read whether the goods being held are in that class. Goods outside the class do not of themselves enter the scope of the application. Without a power of attorney, a third person's application is not treated as the right holder's application.

Customs does not stop every shipment without an application. That sentence does not also mean that a suspect consignment is never notified. If there is a notification, the notification document is read. While there is no document, it is not said that the consignment was held. The neighbouring records are under trademark infringement, trademark compensation, the registration certificate, and design infringement.

Suspicion is not a court judgment

Holding the consignment, and the right holder's reply, depend on a period. If the reply is late, release of the goods may be discussed. This text does not write a day. The day is read from the date line on the notification. A suspicion of counterfeiting is not a final court judgment. A decision is not made before the sample and the registered sign stand side by side. Without a sample, a photograph alone may not be enough. Even if there is a photograph, the date of the shot and the consignment number of the goods should stand in the annex.

An invoice may show the price of the goods or the shipment. An invoice does not of itself prove that the sign is a counterfeit. The petition separates which consignment carries which sign. While there is no consignment number, the whole shipment is not treated as a single suspicion. In the reply, the applicant compares the sample with the registered sign. While there is no comparison, seizure is not treated as complete.

The court route stands separately

A debate about seizure or destruction does not stand in for an action for compensation. A separate civil route is opened for infringement on the domestic market. The act at the border is not the petition of that action. The two files may run on the same day. One does not start the other's period from this text. Imitation of a design at the border is a separate matter as well. A copy of the appearance is not melted, in the same minutes, with the trademark sign. The minutes show, from the heading, whether they treat the trademark of the goods or their form as suspect.

If the importer objects, the objection writing stands in the annex to the right holder's application. While there is no writing, it is not assumed that no objection was made. If there is a writing, a claim that the goods are original is read with a document. The document may be a distribution contract or an invoice. The contract does not erase that the sign belongs to the right holder. The contract discusses whether that consignment was an authorised shipment.

The sample separates, in its heading, whether it shows an example taken from the consignment or the right holder's original. Similarity is not announced before the two samples are placed side by side. Whichever face of the packaging the photograph shows, that face is written. A face that was not written is not accepted as having been treated as counterfeit. The consignment number is matched with the invoice and the transport document. While there is no match, another shipment is not taken inside this suspicion. If the importer says the goods were authorised, he puts in the permission document or the distribution contract. The contract does not change the owner of the sign. The contract discusses whether that consignment is within the permission.

The right holder's reply is tied to the date line on the notification document. While there is no date line, it is not said that the reply was late. The reply shows, by number, which consignment it belongs to. If the number is wrong, the reply is not treated as given for that consignment. If the customs minutes write the distinctive sign of the goods, the sign is read from the minutes. The minutes do not stand in for a court decision, and a period is not carried from these minutes into this text either.

The Çankaya address does not write a period

An Ankara lawyer who is asked about the holding day does not produce a period from the office being in Çankaya. The office in Çankaya does not stand in for the customs administration, and it does not change the competent authority. The name of the district is not written in place of the border gate.

How the period is read from the notification

A customs period is not written from this text. Holding is not treated as a court decision.

Conclusion

Customs protection is the border face, and it is not a copy of infringement before a court. The result of a seizure is not stated before the application file is seen. The frame sits on the intellectual property page, and the basis is the Industrial Property Law No. 6769.

Legislation

Frequently asked questions

Do unregistered goods stop at customs?

As a rule, registration and a customs application are required. It is not said that every consignment stops of itself without an application.

Does seizure end the action?

No. The customs act and the civil route are separate. Seizure does not stand in for an action for compensation.

Is the waiting day in this article?

No. The day depends on the notification and on the text of that act. This record does not write a number of days.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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