Trademark-Infringing Goods

Overview

Trademark-infringing goods are products that use a brand name, logo, mark, product name or similar trademark without authorization from the rights holder.

In Japan import practice, typical examples include counterfeit brand goods, logo-marked copy products, imitation goods and products that appear to be genuine but do not have proper authorization from the trademark owner.

A trademark indicates the commercial origin of goods or services. If a product uses a brand name or logo without permission, it may mislead buyers into believing that the product is genuine. Such goods may be treated as intellectual property rights infringing goods and may become an issue at Japan Customs.

This article focuses mainly on trademark rights. However, similar Customs border issues may also arise in relation to copyrights, design rights, patent rights and other intellectual property rights, depending on the product and the protected indication used.

Why Trademark-Infringing Goods Matter in Import Practice

Trademark infringement is not always easy to judge from appearance alone.

Even if the product quality appears high, the use of a brand name, logo, mark, tag, label or package design may still be unauthorized. In such a case, the goods may be treated as infringing intellectual property rights.

Importers may believe that the goods are genuine, but problems can arise if the supplier is not an authorized distributor, the purchase route is unclear, or the use of the trademark has not been properly licensed.

For overseas shippers and origin-side forwarders, the practical point is that “the product looks genuine” or “the supplier says it is original” is not always enough. The commercial route and authorization may need to be explained if Customs raises a question.

Goods That Often Raise Trademark Issues

Trademark issues often arise in goods such as:

• bags and wallets;
• watches and accessories;
• clothing and shoes;
• sports goods;
• smartphone cases and accessories;
• cosmetics and beauty products;
• character goods and promotional goods;
• logo-marked parts, labels, tags, boxes or packaging materials.

The issue is not limited to the product body. Brand names or logos shown on tags, boxes, bags, labels, instruction manuals, warranty cards, stickers or promotional materials may also become relevant.

Customs Border Enforcement

In Japan, goods suspected of infringing intellectual property rights may be checked by Customs at the border.

If Customs suspects that the goods infringe trademark rights or other intellectual property rights, the cargo may be held and verification procedures may begin. The importer may then need to explain that the goods are genuine or that the import is authorized.

In verification procedures, Customs may notify both the importer and the rights holder and give them an opportunity to submit opinions and evidence within a specified period. The importer may need to explain why the goods do not infringe intellectual property rights, while the rights holder may submit information supporting the suspected infringement. Customs then reviews the submitted opinions and evidence and determines whether the goods fall under prohibited imports as intellectual property infringing goods.

An invoice showing a product name is usually not enough by itself. Customs may require information such as supplier details, purchase route, authorization documents, distributor relationship, licensing documents, genuine product evidence or other supporting materials.

If the goods are determined to infringe intellectual property rights, they may be subject to import suspension, confiscation, destruction or other procedures under the applicable Customs framework.

Parallel Imports and Genuine Goods

Not all branded goods are automatically infringing goods.

Genuine goods, properly licensed goods and certain parallel import goods may be treated differently from counterfeit or unauthorized goods, depending on the facts and legal conditions.

However, parallel import treatment is not decided only by the importer’s statement. The importer may need to explain that the goods are genuine, that the commercial route is legitimate, and that the import does not infringe the rights holder’s trademark rights.

For forwarders, the safest practical approach is not to decide the legal issue internally, but to ask the importer to prepare evidence before shipment where branded goods or logo-marked products are involved.

Documents and Information That May Be Requested

When trademark or brand authenticity is questioned, the following documents or information may become relevant:

• commercial invoice and packing list;
• purchase order or sales contract;
• supplier information;
• proof of authorized distribution route;
• license agreement or authorization letter;
• documents showing relationship with the rights holder;
• product photos showing logo, label, tag and packaging;
• catalogues or official product information;
• explanation of whether the goods are genuine, parallel import goods, OEM goods or promotional goods;
• importer’s written explanation to Customs, if required.

The required materials depend on the product, brand, commercial route and the reason why Customs has raised a question.

OEM Goods, Promotional Goods and Logo-Marked Products

Trademark issues may also arise in OEM goods, promotional goods, samples and custom-made products.

For example, a factory may manufacture goods with a brand logo under a production arrangement, but the importer may still need to show that the production and export are authorized by the rights holder.

Promotional goods and samples can also be problematic if they carry a famous brand, character, mark or logo without clear authorization.

Forwarders should be careful when the cargo is described as “sample,” “gift,” “promotion goods,” “OEM product,” “stock lot,” “surplus goods” or “factory goods” but includes a recognizable brand or logo.

Overseas E-commerce and Small Shipments

Trademark issues are not limited to large commercial shipments.

Goods purchased through overseas e-commerce platforms, small parcel shipments, postal shipments or direct purchases from overseas sellers may also be questioned if they appear to infringe intellectual property rights.

Low value, small quantity or personal-use explanation does not automatically remove the risk. If the goods are counterfeit or infringing, import may still be restricted under Customs border enforcement.

For importers, it is important to confirm the reliability of the seller and the authenticity of branded goods before purchase and shipment.

Relationship with Other Intellectual Property Rights

Although this article focuses on trademark-infringing goods, similar border enforcement issues may arise for goods that infringe copyrights, design rights, patent rights or other intellectual property rights.

For example, character goods may raise copyright issues, product shapes or designs may raise design right issues, and technical products may raise patent-related issues. In practice, the visible problem may appear as a logo or brand issue, but Customs or the rights holder may also examine other intellectual property rights depending on the goods.

Forwarders do not need to classify the legal right involved. However, when branded, character-based, design-sensitive or copied products are involved, the importer should be asked to confirm the rights relationship before shipment.

Practical Points for Forwarders

Forwarders are not usually in a position to make a final legal judgment on trademark infringement.

However, forwarders should recognize possible risk signs and encourage the importer to confirm the issue before shipment or customs declaration.

Particular caution is needed where:

• the goods show famous brand names or logos;
• the price is unusually low for branded goods;
• the supplier or purchase route is unclear;
• the invoice description is vague;
• the goods are described as OEM, sample, surplus, outlet or promotional goods;
• the importer cannot explain the relationship with the rights holder;
• the goods include tags, labels, boxes or manuals bearing brand marks;
• the cargo consists of replacement parts or accessories carrying a logo.

When these signs appear, the forwarder should ask the importer to confirm authenticity, authorization and import eligibility before cargo movement where possible.

Practical Impact if Goods Are Suspected

If goods are suspected of infringing trademark rights, the practical impact can be serious.

The cargo may be held by Customs, delivery may be delayed, additional documents may be requested, and the importer may need to respond to verification procedures within the required period.

If the goods are determined to be infringing, they may be subject to import suspension, confiscation, destruction, return restrictions or other consequences. Additional costs may also arise, including storage charges, handling fees, legal costs, rebooking costs and delay-related claims.

The issue may also affect the importer’s business reputation and relationship with customers or business partners.

Practical Notes for Shipments to Japan

For shipments to Japan, overseas shippers and origin-side forwarders should understand that Japan Customs may check intellectual property issues at the border.

If the goods carry a brand name, logo, character, design or other protected indication, the overseas side should be prepared to provide supplier information, authorization evidence or explanation of the commercial route.

It is better to organize these points before shipment than to respond after the cargo is already held by Customs in Japan.

Forwarders should not tell importers that branded goods are safe only because the invoice and packing list are available. Trademark risk depends on rights, authorization and commercial route, not only on transport documents.

Key Takeaway

Trademark-infringing goods are one of the most common intellectual property risks in import practice.

Products bearing brand names, logos, marks, tags, labels or branded packaging may be questioned if the importer cannot explain authenticity or authorization.

For forwarders, the practical role is not to decide trademark law by themselves, but to identify risk signs early and ask the importer to confirm the legitimacy of the goods before customs clearance is delayed or the cargo is held by Customs.