- Q1. What to do when a registered trademark was suspected to have been infringed?
A: A proprietor of a registered trademark may file an application to Customs for trademark right protection by submitting the following documents or information when he/she deems certain imported or exported goods are suspected to have infringed on his/her trademark right:
- Sufficient text description to identify the defining characteristic of genuine goods and infringing goods as well as sufficient electronic image files to identify the defining characteristic of genuine goods and infringing goods, such as photo or catalog of genuine goods, counterfeit goods or a comparison between both.
- Related specific data such as names of the importer/exporter, name of the goods, port of entry or exit, date, number of flight or voyage, number of container, storage venue of the goods.
- Registered trademark certificate.
- Letter of attorney, if the application is submitted by an agent.
- Q2: What kind of rights are covered under Customs implementation of border measures on Intellectual Property Rights?
A: Patent right, copy right, trademark right and SID Code.
- Q3: Can export goods be released if false declaration of trademark was found? What documents are needed for the release of such goods?
A: In the case of false declaration of trademark, the exporter shall submit copies of trademark registration certificate or proof of authority or non-infringement to apply for cargo release.
- Q4: What should be noticed before exporting compact disks?
A: When exporting prerecorded compact disks (CDs), exporters should correctly declare their Source Identification Code (SID) which are inscribed on the CDs. If there is no SID code, it should be declared as “without SID.” The above requirement does not apply to re-exported CDs.