Australian Border Force

We have considerable experience in recording trade mark registrations with the Australian Border Force. Products bearing infringing trade marks can then be seized at the point of entry into Australia before they hit the market. The vast majority of such products are voluntarily forfeited by the importer, but if a dispute arises, we can provide expert assistance.

Notice Of Objection

Once we put a Trade Mark Notice of Objection in place, Australian Border Force will seize goods suspected of infringing those registered trade marks and send notification that the goods have been seized. The Notice remains in place for four years. Once these trade marks are recorded on a Notice of Objection, Australian Border Force has the ability to seize and report products that are suspected to infringe the registered trade marks recorded in the Notice.

We have procedures in place to cost effectively manage these seizures, monitor deadlines and effectively use the information received in the process to our client’s advantage.

We have well-developed strategies to help trade mark owners prevent counterfeit goods from hitting the market in Australia, working closely with our client and Australian Border Force representatives to maximize the effectiveness of this measure.

Seizure Of Goods

Once goods are seized, Australian Border Force notifies us about the seizure and provides full details of the importer and often of the supplier of the suspected infringing products. This can provide critical information about supply chains and potential risks.

If the alleged infringer does not make a claim for the goods, they will be automatically forfeited and destroyed. If the importer files a claim for release of the seized goods, we can also advise on your options.

We work closely with the trade mark owner to recommend the best way forward to deal with the particular seizure, correspond with the alleging infringer and supplier to not only address the importation in question but can also undertake further investigations and liaise with Australian Border Force to mitigate the risk of future importations.

Should you wish to lodge a Notice of Objection with Customs, or if you have any questions about the new Australian Customs seizure procedures, please contact us.