Combating Counterfeits at Customs: How to Register Your Trademark in the Customs Register?

You have spent years investing effort, money, and soul into creating your product and brand. You have achieved recognition, and your goods are loved and purchased. Then one day, you see a cheap counterfeit on the market or in an online store that shamelessly uses your name and design. This is not just a nuisance. Counterfeiting is a direct threat that is slowly but surely killing your business. It not only takes away your direct profit but, more dangerously, destroys your reputation. A customer who buys a low-quality fake and becomes disappointed will blame your brand, without bothering to find out who the real manufacturer is. Fighting thousands of small counterfeit sellers across the country is like trying to empty the sea with a spoon.

But what if you could stop this “fire” at the spark stage? Prevent fakes from even entering the territory of Ukraine? This is exactly why one of the most effective brand protection tools was created — the Customs Register of Intellectual Property Rights Objects. Imagine this as your personal legal shield at the country’s border. By entering your trademark there, you essentially turn every customs inspector into your personal “guard” who will carefully check goods with your logo and stop any suspicious shipments. In this article, we will walk you through how to activate this shield and set up a reliable barrier against the import of fakes.

Section 1. What is the Customs Register and how does it work

So, the customs register is your main ally in the fight against imported counterfeits. But how exactly does it work? It is not just some idle database. It is an active, effective mechanism of interaction between business and the state, which allows for real-time tracking and blocking of the flow of fakes. To use it effectively, it is important to understand the principle of its operation and know which assets you can protect.

1.1. The principle of the customs register

Imagine “Face ID” for your brand at every customs point in Ukraine. This is exactly how the Customs Register of Intellectual Property (IP) Objects works. It is a specialized electronic database maintained by the State Customs Service. By entering information about your protected brand there, you are essentially creating a “wanted list” for customs officers.

Here is what this process looks like step by step:

1. You enter your object into the register. You submit an application providing all information about your trademark, patents, yourself as the owner, and optionally, a list of official, authorized importers.
2. Goods arrive at the border. A commercial shipment of goods arrives at any customs post in Ukraine (road, rail, sea, air).
3. The customs inspector conducts an inspection. During customs clearance, the inspector sees that the goods or their packaging bear a sign similar to your trademark (e.g., your logo on T-shirts).
4. The inspector checks the register. They check their database to see if this sign is registered in the customs register. If so, the system triggers a “red flag.”
5. Analysis and suspension. The inspector analyzes the situation. If the importing company is not on your “white list” of official partners, or if the product itself has obvious signs of being a fake (low quality, incorrect packaging), the customs officer has the full legal right to suspend customs clearance of this shipment.
6. Immediate notification. On the same day, customs contacts you or your representative (e.g., lawyers from BrandR) and notifies you of the suspension, providing all information about the goods and the importer.

From this moment, the “ball is in your court.” You get the opportunity to physically stop the counterfeit before it hits store shelves. This is proactive protection, unlike reactive protection, where you have to “hunt” for fakes all over the country.

1.2. Which IP objects can be entered into the register

The customs register is a fairly universal tool and allows you to protect not only names and logos but also other intellectual property objects that can be identified during a visual inspection of the goods.

Here are the main objects you can enter into the register:

• Trademarks: this is the most common and effective object for registration. Customs officers can easily identify your word or figurative mark on the product and its packaging. This is the main weapon against classic counterfeiting.
• Industrial designs: this is an extremely powerful but often underestimated tool. It protects the unique appearance of your product. A classic example is the unique shape of a Coca-Cola bottle. If a competitor tries to import their drink in a bottle that copies your patented shape, customs can stop such goods, even if they have a different name. This protects against so-called “mimicry.” This also includes furniture design, gadget housing shapes, unique car rim designs, etc.
• Inventions and utility models: entering a technology patent into the register is more difficult, as a customs inspector is not an engineer and cannot determine “by eye” whether the imported device violates your patent. However, it is possible and advisable if you have clear, visually noticeable features that can identify the use of your development, and you can provide customs with a detailed “cheat sheet” for their detection.
• Copyright: this is relevant if your goods use very famous and recognizable characters (e.g., cartoon characters on children’s backpacks) or a unique book cover design.

Most often, businesses use this tool specifically to protect trademarks and industrial designs, as their infringement is easiest to detect during a standard customs inspection.

Section 2. Procedure for entering a TM into the register

The procedure for entering your intellectual property into the customs register is a formalized administrative service. It is not overly complex from a conceptual point of view, but it requires maximum attention, precision in preparing documents, and an understanding of certain bureaucratic nuances. Any error, inaccuracy in the application, or incomplete package of documents can be a reason for an official refusal or a delay of the process for an indefinite period. Let’s break down the entire path from document collection to final registration step by step, in maximum detail.

2.1. Step 1. Preparation of necessary documents

This is the most important and responsible stage, on which 90% of success depends. You need to collect a full package of documents that, on the one hand, will indisputably confirm your rights, and on the other, will provide customs with all the necessary practical information for effective detection of fakes.

The standard package of documents includes:

1. Title documents. This is the legal foundation of your application. You must provide a notarized copy of the Ukrainian Certificate for goods and services. For other objects — notarized copies of relevant patents. Please note: this cannot be a simple photocopy. Notarization confirms to customs that the document is valid and authentic.
2. Detailed description of the IP object. You need to provide a high-quality image of your trademark (if it is combined or figurative) in high resolution and describe its verbal and graphic elements in detail.
3. Description of original goods. This is an extremely important point that many underestimate. You must provide customs with a kind of detailed “cheat sheet” or “identification guide” that will help an inspector who is not an expert in your products to quickly distinguish your original product from a potential fake. What should definitely be included here:
   • Detailed product description: its appearance, material, dimensions.
   • Packaging description: What the original box looks like, the label, what inscriptions and logos are on it.
   • High-quality photos: add photos of the original product and its packaging from different angles.
   • Unique security elements: if your goods have specific security elements (holograms, special serial numbers, hidden marks, unique seams), be sure to describe them and show them in photos.
   • Production and logistics information: indicate in which countries your product is usually manufactured, from which ports or customs points imports most often occur.
4. Information about the rights holder and their representative. Full details of your company or sole proprietorship, as well as the data of your authorized representative (lawyer or patent attorney), who will be the official contact person for customs and to whom all suspension notifications will be sent.
5. Information about potential infringers (if any). If you already have information about companies that produce or import counterfeits, or know which countries fakes most often come from, you can provide this information to customs. This will help inspectors pay special attention to such shipments.
6. “White list” of authorized importers (optional). You can provide a list of official, authorized importers of your products. This will significantly simplify and speed up the work of both customs and your legal partners — their shipments will not be groundlessly delayed for additional inspection.

2.2. Step 2. Submitting the application to the State Customs Service

After the entire package of documents has been carefully collected and checked, you need to fill out the Application for Assistance in Protecting Intellectual Property Rights. This is an official document of a standard form approved by the Ministry of Finance.

The current application form can always be found on the official website of the State Customs Service of Ukraine. The application is filled out in Ukrainian. It is important to enter all information as accurately as possible and in full compliance with the attached documents. Any discrepancy (e.g., a different company address in the application and in the register) can be a formal reason for returning the documents.

There are several ways to submit:

• In paper form: this is a classic but less convenient way. You can send the application and attachments by mail (necessarily by registered letter with a description of the attachment to have proof of sending) or submit documents in person through the office of the State Customs Service.
• In electronic form: this is the most modern, fastest, and recommended way. Submission takes place through your personal account on the Unified State Information Web Portal “Single Window for International Trade.” To do this, you or your representative will need a qualified electronic signature (QES).

The procedure for entering a TM into the customs register requires accuracy and scrupulousness. To avoid errors and delays in the process due to documents being returned for revision, many companies, including BrandR clients, entrust this stage to professional lawyers. This guarantees that the entire procedure will go quickly, smoothly, and on the first try.

2.3. Cost and terms of registration

When planning this procedure, it is important to understand its financial and time parameters to correctly calculate your resources.

One of the main and most pleasant advantages of this tool is that entry into the customs register is absolutely free. The state does not charge any official fees or duties for submitting the application, its consideration, and the inclusion of your object in the register.
Thus, your cost of entry into the customs register will consist of only two components:

1. Incidental expenses: this includes the costs of notarizing copies of certificates or patents.
2. Representative services: this is the fee of your lawyer or patent attorney for consultation, preparation of the full package of documents, filling out the application, and handling correspondence with the State Customs Service. Considering the potential losses from counterfeiting, these expenses are an absolutely justified investment in brand security.

The law establishes that the State Customs Service must consider your application and make a decision (on registration or refusal of registration) within 30 working days from the moment of its receipt. In practice, if all documents are submitted correctly and no additional questions arise, this process can be even faster and take 2-3 weeks. In case of identifying deficiencies, you will be sent a notification with a request to eliminate them, which, accordingly, may delay the overall term.

2.4. For what period is the object entered

Information about your IP object is entered into the customs register not forever, but for a specific, limited period.

Registration is carried out for the period you specify in your application, but it cannot exceed 1 year. However, you have the right to an unlimited number of times to extend this period by submitting a corresponding application for extension each time. This is done so that the register remains relevant and does not contain information about inactive objects or companies that are no longer interested in such protection. An application for extension should be submitted in advance, no later than 30 days before the end of the current period.

In any case, the registration period of your object in the customs register cannot exceed the general validity period of your protective document. For example, if 6 months remain until the expiration of your TM certificate, it will be entered into the customs register only for those 6 months.

It is important to monitor the registration period in the customs register yourself or with the help of your representative and initiate the extension procedure in time so that your “shield at the border” remains active continuously.

Section 3. What happens after entry into the register

So, you have successfully entered your trademark into the customs register. From this moment, your “shield at the border” is activated. Now you have moved from passive defense to a mode of active, proactive protection. But what exactly happens when the “alarm” goes off? How exactly does customs stop the goods, and what should your next steps be to bring the matter to a logical conclusion — preventing the counterfeit from entering the market? Let’s examine this process in detail.

3.1. How customs stops suspicious goods

Imagine a truck with a batch of children’s toys from China arrives at a customs post. During inspection, the inspector sees that the boxes depict a character very similar to the hero of your popular cartoon, and a logo identical to your trademark is applied. The importer is an unknown sole proprietor.

Here is the customs inspector’s algorithm of actions:

1. Cross-check with the register: the inspector checks the customs register database to see if this logo and character are protected. They see your registration.
2. Risk analysis: they compare the information from your “cheat sheet” (description of the original product, packaging, security elements) with what they see in front of them. If the product has signs of being a fake (low-quality plastic, blurry printing on the box), and the importer is not on your “white list,” this is enough for suspicion.
3. Decision to suspend: based on these suspicions, the customs officer makes an official decision to suspend the import of fakes (or more precisely, goods suspected of infringing IP rights) for a certain period.
4. Immediate notification: on the same day, customs is obliged to notify two parties of this fact:
   • You (the rights holder) or your authorized representative.
   • The declarant (importer) whose goods were detained.

In the notification, you will be provided with all key information: the name of the goods, their quantity, data about the importer and the owner of the cargo, as well as the customs office where the goods are located. From this moment, the countdown begins for your further actions.

3.2. Your next steps after suspension

After receiving the notification from customs, you cannot just sit idly by. If you do nothing, the goods will simply be cleared and released into free circulation. The law gives you 10 working days (with the possibility of extension for another 10 days) to take action.

Your step-by-step plan of action:

1. Contact customs: your representative must immediately contact the customs authority that performed the suspension to obtain more detailed information.
2. Request photos and samples: you have the right to request photos of the detained goods from customs or even receive samples for examination to finally make sure it is a counterfeit.
3. Enter into negotiations with the importer: often the importer themselves did not know they were bringing in a fake. Your lawyer can contact them and offer a peaceful resolution: voluntary abandonment of the cargo in favor of the state for subsequent destruction. This is the fastest and cheapest way.
4. If a peaceful resolution fails — go to court: if the importer refuses to cooperate and insists on customs clearance, you have only one way out — to file a lawsuit. You need to file a lawsuit for infringement of your intellectual property rights and simultaneously file a motion for interim measures with the court, namely, to prohibit customs from carrying out customs clearance of these goods until the case is decided on the merits.
5. Notify customs about the court appeal: having received the court ruling on interim measures, you immediately transfer it to customs. This is the official basis for extending the suspension period of the goods for the entire time the court proceedings last.

The result of a successful lawsuit is usually a decision on the confiscation and destruction of the entire batch of counterfeit goods at the infringer’s expense, as well as the recovery of compensation in your favor. Thus, the customs register gives you a unique opportunity to “catch the infringer red-handed” and not give them any chance to harm your business.

Conclusions

In summary, we can confidently say: fighting counterfeits is like fighting a hydra — by cutting off one head (one unscrupulous seller), you see two new ones grow in its place. The customs register offers a radically different, much more effective approach — not to fight endless heads, but to block the very source of their appearance at the border. This is true, proactive protection against counterfeiting.

• The customs register is not a reaction to a problem, but its prevention. Entering your trademark into the register turns the entire customs system of Ukraine into your ally and the primary “guard” of your brand. This is significantly more effective and cheaper than spending years suing hundreds of small online stores and market sellers. You do not waste resources fighting the consequences, but eliminate the cause itself, protecting not only your income but, most importantly, the reputation of your brand in the eyes of consumers.
• Why you should consult a lawyer. However, for this powerful mechanism to work like clockwork, it needs to be set up correctly. An error in the application, an incomplete package of documents, or an incorrectly compiled description of goods can negate all your efforts. This is where a specialized anti-counterfeiting lawyer comes to the rescue. Specialists, like the BrandR team, will not just help you fill out the application correctly and go through the registration procedure. They will become your trusted contact person for customs, ensure an immediate response in case of goods suspension, and take on all communication and legal actions, turning the customs register from a simple option into a really working and effective tool for protecting your business.

So don’t wait for the flow of fakes to flood your market. Build your defensive barrier at the border — and do it together with professionals who know how to make it impregnable.