How can a trademark owner protect its trademark against counterfeit goods at the Ukrainian customs border? One effective tool is to record the trademark in the Ukrainian Customs Register of Intellectual Property Rights and subsequently respond to attempts to import goods that may infringe the trademark owner’s rights. More details may be found in our article, ‘Ban on import of counterfeit goods into Ukraine’, which can be found under the link.
We used this mechanism to protect the interests of our client — a major foreign food producer and exporter that owns a trademark registered, among other jurisdictions, in Ukraine.
Protecting a Trademark Against Counterfeit Goods
The client approached Zilver seeking to prevent the import and distribution in Ukraine of third-party goods that unlawfully use its trademark.
Our lawyers arranged for the trademark information to be entered into the relevant Ukrainian customs database. This enabled the customs authorities to identify goods that may infringe the trademark owner’s rights and take appropriate measures when such goods are moved across the Ukrainian customs border.
As a result, we have already successfully stopped several attempts to import counterfeit goods into Ukraine. Details of our lawyers’ effective experience in protecting clients from counter-terrorism can be found under the following links:
- Customs Clearance of Tons of Cargo Suspended;
- Counterfeit Goods Stopped at Kyiv Customs;
- Amicable Settlement of an Import and Intellectual Property Dispute;
- Counterfeit Goods Stopped at Customs.
Another Attempt to Import Counterfeit Goods
Recently, another case occurred: a Ukrainian company attempted to import goods into Ukraine using our client’s trademark without having the necessary rights to use it.
Our lawyers responded promptly and took the necessary measures, as a result of which the customs clearance of the goods was not initiated.
As a result, another shipment of potentially counterfeit goods did not enter the Ukrainian market.
What Should a Trademark Owner Do?
If your trademark is registered in Ukraine but there is a risk of unauthorized importation of goods by third parties, customs protection of intellectual property rights may be an effective tool for protecting your rights.
Zilver’s specialists can assist with:
- assessing the risks of trademark infringement;
- recording trademark information in the customs database;
- communicating with customs authorities;
- responding to identified cases of potential infringement;
- protecting the trademark owner’s rights in Ukraine.
This case is not over yet. Follow our updates — we will report on its further developments.