Filing a Notice of Objection with Australian Customs can be highly effective in protecting against the importation of counterfeit goods.
Where a Notice of Objection has been filed, Australian Customs can seize infringing goods which are identified in random border checks. Importers and objectors are both notified of seizures, and importers are given 10 days to claim the release of infringing goods. If no claim is made, the seized goods are forfeited. Where a claim is made, objectors have 10 days to either commence legal proceedings or agree to the goods being released to the importer.
In most cases goods seized are forfeited without it being necessary for the trade mark owner to take further action.
Watching the Trade Marks Register is important for identifying applications for potentially conflicting trade marks and filing opposition, if accepted. Checking the Register can also provide useful information about the activities of other businesses and can give early warning of use, or intended use, of an infringing trade mark, allowing early action to be taken to challenge the conflicting application and use.
Our firm has the highest level of expertise and experience in customs and watches and maintains regular watches of the Australian and New Zealand Trade Marks Registers.