When shopping, we often come across counterfeit products, the labels and packaging of which are illegally marked with the trademark of its copyright holder.
Including a trademark in the Customs Register allows its copyright holders to protect themselves and consumers not only from unfair competition, but also from illegal penetration of counterfeit products into the market, which allows them to be identified already at the stage of crossing the border thanks to customs control.
Including a trademark in the Customs Register also helps to identify violators of exclusive rights, helps to objectively assess the real volume of imports of counterfeit products and prevent loss of income.
B Customs register objects of copyright and objects of related rights, names of places of origin of goods can also be entered.
After the inclusion of an intellectual property object in the Customs Register, all information is sent to the regional customs authorities that control the movement of goods. If counterfeit goods are detected, customs authorities suspend their release for ten days, notify the copyright holder of the reasons and timing of the suspension and provide information about the violator. If the copyright holder has confirmed the violation and initiated a procedure for protecting its exclusive rights, then the period of suspension of the release of goods may be extended.
To include trademarks in the Customs Register, it is necessary to collect a package of documents, including the following:
- names and/or images of trademarks (service marks) and their description;
- a list of goods and/or services indicating their classes in accordance with the International Classification of Goods and Services (ICGS), in respect of which trademarks or service marks are registered;
- certificate of registration of trademarks/service marks in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation;
- information about the conclusion of an assignment agreement in the event that exclusive rights were acquired under an agreement on the assignment of trademarks and/or about license (sublicense) agreements and licensees;
- information about the applicant for a Russian legal entity and/or individual (postal address, telephone number, fax number, email address, information about registration with the tax authority as a taxpayer and taxpayer identification number (TIN).
