Importing Branded Goods into Japan: Trademarks, Parallel Imports and Customs Suspension
Interlink編集部What is Brand Goods Import
Brand goods import refers to transactions where overseas brand products are imported into Japan.
A wide range of cargo is targeted, including bags, watches, clothing, shoes, accessories, cosmetics, miscellaneous goods, home appliances, and parts.
Brand goods may involve intellectual property rights such as trademark rights, design rights, and copyrights. Therefore, in import operations, it is important to verify whether the products are genuine, not counterfeit, whether the procurement routes can be explained, and whether there is a legitimate distribution channel that allows import and sale in Japan.
In brand goods import, not only the main product but also boxes, bags, tags, warranty cards, labels, instruction manuals, accessories, and brand names or logos displayed on sales pages may be subject to verification.
This article organizes the common issues when importing brand goods, including genuineness, procurement channels, parallel imports, trademark infringement, counterfeit goods, customs inquiries, certification procedures, and the risk of import suspension.
Scope Covered in This Article
| Item | Content Covered in This Article | Details Covered in Other Articles |
|---|---|---|
| Basics of Brand Goods Import | Customs clearance and intellectual property verification when importing overseas brand products into Japan. | General document checks before import declaration are covered in the article "Pre-Declaration Confirmation". |
| Verification of Genuineness | Ensuring products are genuine, explaining procurement routes, and their relationship with official distribution. | Final judgment on genuineness and legal decisions on trademark infringement are made by rights holders, customs, and experts. |
| Parallel Imports | Checkpoints when importing genuine goods legally distributed overseas into Japan. | Legal arrangements on parallel import contracts, sales agency agreements, and exclusive sales rights are confirmed by importers and experts. |
| Counterfeit Goods and Trademark Infringement | Handling customs holds and certification procedures when suspicion of counterfeit or trademark-infringing goods arises. | Final judgments on rights violations and negotiations with rights holders are handled by importers, rights holders, and experts. |
| Documents Verified in Customs | Invoices, purchase proofs, certificates of official sale, supplier information, product photos, model number materials, etc. | Basic verification of invoices and packing lists is covered in articles on customs documents. |
| Personal Use vs. Commercial Purpose | Cases considered as commercial use despite explanations of personal use, such as quantities, repeated imports, or sales indicated by sales pages. | Permissions and regulations related to sales business, domestic sales regulations, and consumer-facing labeling are covered in separate articles on individual systems. |
| Freight Forwarder Handling | Practical tasks including collecting documents, coordinating with customs brokers, deadline management, and explaining cost risks. | The existence of rights infringement, drafting opinion letters, and decisions on voluntary surrender or destruction are handled by importers. |
| Difference from Character Goods | Brand goods imports primarily focus on trademarks, genuineness, procurement routes, and parallel imports. | Licensing of character usage in anime, manga, games, etc., is covered in the "Import of Character Goods" article. |
Division of Roles with the Article on Character Goods Import
Character goods and anime merchandise mainly involve character usage permissions, copyrights, merchandising rights, and license agreements.
On the other hand, brand goods import centers on trademark rights, genuineness, official distribution, procurement routes, and parallel import documentation.
| Article | Main Rights and Verification Points | Documents Commonly Problematic | Practical Distinctions |
|---|---|---|---|
| Brand Goods Import | Trademark rights, genuineness, procurement routes, official distribution, parallel imports | Invoices showing official procurement, purchase proofs, certificates of official sale, model number documentation, product photos | Referenced mainly for products with brand markings such as bags, watches, clothing, shoes, accessories. |
| Character Goods Import | Copyrights, merchandising rights, character usage permissions, license scopes | License agreements, permission letters, certificates of official sale, character usage authorization documentation | Referenced mainly for products with character markings such as anime, manga, movies, games. |
| Counterfeit Goods / Intellectual Property Infringement | Trademark infringement goods, copyright-infringing goods, design right infringement goods, import suspension | Rights holder documents, customs notifications, certification procedure materials, opinion letters and evidence documents | Referenced when customs inquiries or certification procedures are initiated. |
Reasons Why Issues Often Arise in Customs Clearance
Brand goods can be difficult to identify as genuine or counterfeit based on appearance or logos alone.
Also, even if products have been sold overseas, if the supplier is unclear or the official distribution channel cannot be explained, additional verification may be required during customs clearance.
Particular caution is needed for products with abnormally low prices, items procured through overseas e-commerce sites, goods purchased from individual sellers, or those with ambiguous product names on invoices.
Simply explaining "I bought a genuine product overseas" or "The seller said it was authentic" or "It was commonly sold locally" may not be sufficient for customs clearance purposes.
| Common Problematic Situations | Main Causes | Customs Impact | Verification Approach |
|---|---|---|---|
| Purchases from overseas EC sites | Unclear legitimacy of seller and purchase route | Requests for explanation of authenticity and purchase route may occur. | Verify seller information, order history, proof of purchase, and official sales certification. |
| Extremely low-priced brand goods | Suspicions of counterfeits, surplus goods, or unauthorized items | Customs inquiries or certification procedures could be triggered. | Check price reasonableness, suppliers, and official distribution documents. |
| Vague invoice product descriptions | General terms like "bag," "watch," or "goods" only | Brand name, model number, quantity, and unit price cannot be confirmed. | Obtain corrected invoice, model number documents, and product photos. |
| Purchases from individual sellers | Hard to verify if seller belongs to official distribution | Explanation of authenticity may become difficult. | Verify purchase proof, supplier information, and product condition. |
| Multiple identical items | Could be considered for resale purposes | May be harder to justify as personal use. | Check sales plans, quantities, and existence of repeat imports. |
| Unnatural accessories or tags | Suspicious boxes, bags, warranty cards, labels, or logos | Items beyond the main product will be subject to checks. | Verify photos of main item, box, tags, warranty cards, and labels. |
Common Verification Points
For brand goods imports, product name, brand, model number, quantity, price, supplier, and intended use are commonly checked.
Not only the main product but also brand names and logos on boxes, bags, tags, warranty cards, labels, and manuals are included in the verification scope.
| Subject of Verification | Details to Verify | Frequently Missing Documents | Points to Note |
|---|---|---|---|
| Main product | Brand name, logo, model number, serial number, item number | Product photos, model number documents, catalogs | Check photos showing not only the product itself but also visible logos and model numbers. |
| Accessories | Boxes, bags, tags, warranty cards, labels, manuals | Photos of accessories, warranty cards, tags | Brand names and logos on accessories are also subject to verification. |
| Invoice | Brand name, product name, model number, quantity, unit price, supplier | Detailed product breakdown, model numbers, brand names | General descriptions alone may require additional verification. |
| Supplier | Classification as authorized retailer, authorized agent, wholesaler, or individual seller | Supplier company information, retailer data, purchase proof | Verify whether the supplier belongs to official distribution. |
| Price | Whether purchase price is not extremely below market levels | Order history, invoices, contracts, price explanations | Extremely low prices tend to trigger scrutiny. |
| Intended use | Personal use, stock for resale, display, repair item | Sales plans, sales pages, order forms, usage explanation | Verification tends to be stricter when importing for sales purposes. |
| Import history | Repeat or bulk imports of the same product | Past transaction documents, order history, import plans | May affect justification as personal use. |
Importers should be able to explain the product's authenticity, lawful procurement, supplier reliability, and relationship with rights holders or official distribution channels.
Imports for commercial purposes face more rigorous documentation checks than for personal use. Quantity, price, repeat imports of the same item, and existence of sales pages may lead to classification as commercial import.
Relation to Parallel Imports
In brand goods imports, clarifying the relationship with parallel imports is important.
Parallel import refers to transactions where genuine products are procured overseas via other distribution routes and imported into Japan.
Parallel imported goods differ from counterfeits; however, if importers cannot explain the authenticity, official distribution status, or absence of irregularities in the supply route, customs may require verification at clearance.
| Verification Item | Details to Verify | Problems if Insufficient | Example Documents for Verification |
|---|---|---|---|
| Authenticity of genuine product | The product is legitimately brand-marked overseas | Suspicions of counterfeits or trademark infringement arise. | Official purchase proof, authorized sales certification, model number documents, product photos |
| Rights holder relationships | Relationship between the foreign trademark owner and Japanese trademark owner | Even genuine products may require explanation of rights relationships. | Rights holder documents, authorized distributor materials, supplier explanations |
| Quality control and warranty functions | Whether the product maintains the Japanese rights holder's quality management and warranty functions | Altered goods, unknown quality items, or non-warranty products may raise concerns. | Product condition, storage status, warranty cards, sales region documents |
| Procurement route | Official distribution routes, sales regions, supplier reliability | Irregular procurement routes make explaining authenticity difficult. | Contracts, invoices, order history, retailer information |
| Sales region restrictions | Whether goods intended for overseas sales can be sold in Japan | Contractual sales region or distribution restrictions may cause issues. | Contract documents, sales terms, authorized sales certificate |
Parallel imports cannot be justified simply by stating "because it’s genuine goods sold overseas, it’s okay."
For brand goods, issues like authentic product status, origin marking, quality control, procurement routes, and sales region restrictions can arise. Importers should prepare documents detailing compliance before procurement.
Import Detainment and Certification Procedure
If customs suspects goods may infringe trademark rights, be counterfeit, or violate intellectual property rights, certification procedures may be initiated.
Certification procedures refer to the process by which customs authorities determine whether goods suspected of intellectual property infringement qualify as infringing products.
Once the certification procedure starts, the importer is notified and must submit opinions and evidence within the specified deadline.
| Stage | Main Content | Required Actions by Importer | Notes |
|---|---|---|---|
| Discovery of Suspected Infringement | Customs identifies cargo suspected of trademark infringement or counterfeit goods | Verify product details, supplier, authenticity, and procurement channels. | Customs clearance is stopped; management of storage fees and deadline compliance is required. |
| Start of Certification Procedure | Notification of procedural commencement sent from customs to importer | Confirm notice details, response deadline, and required documents. | Timely response is crucial. |
| Submission of Opinions and Evidence | Importer submits documents explaining that the goods are not infringing | Prepare invoices, purchase proofs, official sales certifications, and procurement route documents. | Explanations from sellers alone may not constitute sufficient evidence. |
| Customs Decision | Customs decides whether the goods qualify as infringing based on submitted materials | Provide additional documents or supplementary explanations as needed. | Freight forwarders and customs brokers do not have the authority to make final judgments. |
| Certified as Non-Infringing | May proceed to import clearance | Resume customs clearance, cargo release, and delivery. | Confirm no other customs issues remain. |
| Certified as Infringing | Processing will proceed with denial of importation | Consider disposal, voluntary abandonment, rights holder consent, or corrective actions. | Check implications on costs, storage fees, and sales plans. |
Freight forwarders and customs brokers are not in a position to make final determinations on whether goods are authentic or counterfeit. However, if customs inquiries or certification procedures begin, it is necessary to collect required documents from the importer and promptly coordinate with the customs broker.
Practical Workflow
| Stage | Main Checks | Common Reasons for Hold-Ups | Practical Measures |
|---|---|---|---|
| Before Procurement | Authenticity of goods, trustworthiness of supplier, and whether there are issues with sales purpose | Relying solely on overseas EC seller’s explanation to judge products as genuine | Confirm supplier, official sales certification, price, and sales region. |
| Before Import Arrangement | Brand name, model number, quantity, price, supplier, and sales plan | Invoice product names are vague and lack documentation showing brand authenticity | Prepare product photos, model number documents, and purchase proofs. |
| At Customs Declaration | Product name, brand name, authenticity, procurement routes, price validity | Unable to submit documents proving official procurement or authenticity | Share documents with customs broker and check for missing materials. |
| At Customs Inquiry | Invoice, purchase proof, sales page, official sales certification, contract documents | Difficulty contacting supplier and delays in obtaining documents | Collect documents from importer and share them with customs broker within deadlines. |
| At Start of Certification Procedure | Whether importer submits opinion letter and evidence within deadline | Importer does not understand procedure implications and deadline approaches | Share deadlines, required documents, and storage fee risks. |
| When Classified as Infringing | Disposal, voluntary abandonment, rights holder consent, possibility of return, corrective measures | Conflicts over storage fees, disposal costs, sales impact, and cost allocation with cargo owner | Organize costs and procedure status as importer’s decision points. |
Documents Explaining Authenticity
For branded imports, documents that demonstrate authenticity are essential.
| Document | Main Role | Information Verified | Notes |
|---|---|---|---|
| Invoice Showing Official Procurement | Explains supplier, product name, quantity, and price | Brand name, model number, quantity, unit price, supplier | Generic product descriptions such as bag, watch, or goods may be insufficient. |
| Contract with Supplier | Explains commercial relationship and sales authority | Contract parties, target products, sales region, terms | Confirm that contract scope covers the subject goods. |
| Purchase Documents from Authorized Dealers or Retailers | Demonstrates purchase via official distribution channels | Retailer name, order history, purchase proof, target products | Check whether retailer belongs to official distribution channels. |
| Official Sales Certification | Explains that the supplier is an authorized seller | Sales authority, target products, target regions | Seller’s own explanation alone may be insufficient. |
| Product Catalog or Model Number Documents | Verifies product details, model number, specifications, and authenticity data | Brand name, model number, specifications, product images | Ensure consistency with invoice details. |
| Product Photos | Check main body, logo, tags, box, warranty card, and labels | Brand markings, accessories, quality, model number | Photos of accessories may also be required, not just the main product. |
| Sales Page and Order History | Supplement purchase background and product details | Seller, product description, price, order quantity | Useful as reference but may not suffice as proof of authenticity. |
| Authorization Documents from Rights Holder or Authorized Dealer | Explains consent from rights holders and authenticity | Target products, regions, importer, sales authority | Check if authorization scope matches the subject goods. |
| Supplier Company Information | Verifies seller’s existence and credibility | Company name, location, contact details, sales track record | Seller names appearing only on overseas EC sites may be insufficient. |
These documents are used not merely to show that “the products appear genuine,” but to demonstrate that the importer obtained the goods through legitimate procurement routes.
It is desirable that the invoice clearly states the brand name, model number, quantity, price, and supplier. If the item description is vague, such as "bag," "watch," or "goods," additional verification may be required during customs clearance.
Sales pages and order histories serve as reference materials, but alone they may not be sufficient to prove authenticity. It is necessary to explain the purchase from an authorized dealer, supplier information, matching brand name and model number, and price validity together.
Freight Forwarder Practices
Freight forwarders are not in a position to determine whether branded goods are authentic or infringing trademark rights.
However, for cargo identifiable as branded goods, it is important to confirm with the shipper in advance about authenticity, procurement routes, sales purposes, and authorization status.
If customs requests verification, collect necessary documents from the shipper and coordinate with the customs broker.
| Situation | What Freight Forwarders Can Do | What Freight Forwarders Cannot Decide Alone | Items to Coordinate with Importer and Customs Broker |
|---|---|---|---|
| Before Import Arrangement | Identify the cargo as branded goods and encourage preparation of documents | Final determination of authenticity or counterfeit | Confirm supplier documents, proof of purchase, and product photos with importer. |
| Before Customs Declaration | Organize product name, brand name, model number, quantity, price, and supplier information | Legal judgment on whether parallel import is acceptable | Consult in advance with customs broker to confirm necessary documents. |
| At Customs Inquiry | Collect documents from importer and share with customs broker | Definitive judgment on authenticity and trademark infringement | Request proof of official sale, proof of purchase, and supplementary explanations from importer. |
| At Start of Certification Procedures | Communicate notices, response deadlines, and required documents to importer | Judgment on contents of written opinion and submission policy | Encourage verification by importer, customs broker, and experts as necessary. |
| While On Hold | Organize storage fees, shipment suspension, and impact on delivery schedules | Decision on whether to continue import, abandon, or discard goods | Share cost occurrences and deadlines with importer. |
| If Determined as Infringing | Organize procedural status, costs, and practical information on return/disposal | Negotiation with rights holders, voluntary abandonment, disposal decisions | Confirm practical handling with customs broker based on importer’s decisions. |
At this time, it is also necessary to promptly share with the shipper information on delivery delays, storage fees, possible returns or disposal, and deadlines for responding to certification procedures.
However, freight forwarders should avoid definitively stating on behalf of the importer that "this is an authentic product" or "there is no trademark infringement."
The role of the freight forwarder lies in fact-checking, document collection, coordination with customs brokers, deadline management, and explaining cost and risk occurrences.
4-Column Judgment Checklist
| Verification Stage | Party to Verify With | Verification Points | Actions If Issues Arise |
|---|---|---|---|
| Before Procurement | Importer, Supplier | Whether the product is authentic, supplier reliability, and sales purpose appropriateness | Confirm official sales proof, supplier information, and price reasonableness. |
| Before Import Arrangement | Importer, Overseas Seller | Brand name, model number, quantity, price, product photos, and accessories | Request detailed materials if item descriptions are ambiguous. |
| When Checking Invoice | Importer, Overseas Seller, Customs Broker | Item name, brand name, model number, quantity, unit price, supplier | Obtain corrected invoices or supplementary documents. |
| For Parallel Imports | Importer, Supplier, Customs Broker | Authenticity, procurement route, sales region, impact on quality control | Confirm official distribution documents and proof of purchase. |
| If Declared for Personal Use | Importer, Customs Broker | Quantity, repeat imports, sales page, presence or absence of sales plans | If sales are likely, strengthen document verification. |
| At Customs Inquiry | Importer, Customs Broker | Proof of purchase, official sales proof, sales page, product photos, supplier information | Organize documents that can be submitted within the response deadline. |
| At Start of Certification Procedures | Importer, Customs Broker | Notice content, response deadlines, opinions and evidence submission policy | Manage deadlines as importer’s decision items. |
| If Continuing Import is Difficult | Importer, Customs Broker | Voluntary abandonment, disposal, rights holder consent, return feasibility, cost burden | Organize storage fees, disposal costs, and impact on sales plans. |
| If Freight Forwarder is Asked to Explain Authenticity | Importer, Customs Broker | What the freight forwarder can and cannot judge | Refrain from definitive authenticity statements; focus on document collection and coordination with customs broker. |
Common Practical Problem Cases
| Case | Common Causes | Practical Impact | Response Approach |
|---|---|---|---|
| Invoice item description only states fashion goods or bags | Brand name, model number, quantity, and unit price are omitted | The authenticity and declared content cannot be confirmed. | Obtain corrected invoice, model number documentation, and product photos. |
| Purchasing branded goods from overseas EC sites | Seller's legitimacy and procurement route are unclear | May lead to customs inquiries or customs clearance delays. | Verify purchase proof, seller information, and official sales certification. |
| Described as for personal use but quantity is large | May be viewed as intended for resale | Verification of procurement route and sales purpose is necessary. | Confirm intended use, sales plans, and whether repeated imports occur. |
| Price is unusually low | Suspected counterfeit, surplus stock, or unauthorized distribution | Explanation of authenticity becomes difficult. | Confirm price basis, procurement routes, and official distribution documents. |
| No tags or warranty documents | Possibility of used goods, outlet items, counterfeits, or missing accessories | Affects explanation of authenticity and quality assurance functions. | Confirm product condition, sales terms, and purchase proof. |
| Described as parallel import but lacking documentation | Insufficient explanation of authenticity and procurement route | May fail to justify as parallel import. | Verify official purchase documents, supplier information, and sales territories. |
| Freight forwarder asked to confirm authenticity as genuine product | Importer lacks supporting proof documents | Freight forwarder risks exceeding their authority. | Do not make definitive statements; relay importer documents to customs broker. |
| Importer unable to make decisions during certification procedures | Importer does not understand procedure significance or deadlines | May lead to missed response deadlines, increased storage fees, or failure to import. | Share deadlines, required documents, and potential cost risks. |
Practical Scenario 1: Parallel Import with Vague Invoice Item Description
There are cases where an importer purchases brand-name bags from an overseas wholesaler to sell domestically in Japan.
If the invoice item description only states "fashion goods" or "bags" without specifying brand name, model number, quantity, unit price, or the legitimacy of the supplier, customs may request verification during clearance.
Even if the importer explains that these are “authentic parallel imports,” if they cannot submit documents proving that the supplier belongs to the official distribution network or that the goods are genuine, customs clearance may be halted.
In this situation, the customs broker will request additional documents from the importer, and the freight forwarder must expedite communication with the shipper. Delays in submitting documents can result in storage fees, delivery delays, and disruption to sales plans.
Practical Scenario 2: Described as Personal Import but Considered for Resale
Even when an importer states the goods are for personal use, if the shipment contains many of the same item, multiple sizes or colors, a sales page is observed, or there is continuous import activity, customs may regard the import as intended for resale.
In cases of resale intent, heavier verification may be required regarding authenticity, procurement route, import and sales authorization, and price validity.
If the importer can only say “it’s authentic bought overseas” and cannot provide official purchase documents or supplier information, customs inquiries or certification procedures may follow.
The freight forwarder should avoid definitively conveying the importer’s explanation to the customs broker. Instead, they must verify quantities, intended use, sale plans, and purchase documentation, and communicate based on facts.
Practical Scenario 3: Being Asked by Forwarder to Confirm Product as Genuine
When customs questions the authenticity of branded goods during clearance, the shipper may ask the freight forwarder to “confirm that the product is genuine.”
However, the freight forwarder is neither the rights holder nor official distributor, nor a party to the procurement contract.
The freight forwarder cannot make definitive judgments on authenticity or trademark infringement.
In this case, the freight forwarder should relay documents submitted by the importer—such as invoices, purchase proof, sales webpages, supplier information, and official sales certificates—to the customs broker, and obtain supplementary explanations from the importer if needed.
Decisions such as the content of opinions, confirmations with rights holders, voluntary abandonment, or disposal should be made by the importer themselves.
Practical Scenario 4: Unclear Japanese Sales Rights for Items Purchased from Overseas Authorized Dealers
Even when a brand item is purchased from an authorized overseas dealer, this does not automatically guarantee the right to sell it within Japan.
Although it may have been legitimately sold abroad, issues around sales regions, quality guarantees, distribution routes, and relationships with local distributors may arise.
In such cases, the importer needs to organize documents like purchase proof from the authorized dealer, item model numbers, purchase quantities, planned sales regions, and warranty conditions.
The freight forwarder should not make definitive judgments based solely on statements of authorized dealer purchase, but collect documents from the importer and coordinate with the customs broker.
Practical Scenario 5: Doubts Regarding Tags, Warranty Cards, or Box Markings
There are scenarios where the product itself bears the brand logo, but the markings on the box, tags, warranty cards, or instruction leaflets appear suspicious.
In brand import cases, not only the product but also markings on accessories and packaging bearing brand names or logos are subject to verification. Factors like print quality, logo placement, model number, and presence or absence of warranty cards can raise doubts.
Actions include obtaining photos of the product, tags, box, warranty card, labels, and instruction manuals, then sharing these along with supplier information, purchase proof, and official sales certification with the customs broker.
Practical Scenario 6: Considering Disposal or Voluntary Abandonment During Certification Process
When certification procedures begin and the importer cannot submit sufficient documents proving authenticity or legitimate procurement, continuing import may become difficult.
In this case, the importer needs to decide whether to submit an opinion letter to continue importation, consider voluntary abandonment or disposal, or whether there is a possibility of obtaining a consent letter from the rights holder.
The freight forwarder does not judge the authenticity or existence of rights infringement but organizes and communicates issues such as storage fees, disposal costs, response deadlines, cargo detention, and impacts on sales plans.
The judgment must be made by the importer themselves.
Costs and Decisions When Import Suspension Occurs
If customs stops clearance due to the possibility that brand goods may constitute trademark infringement or counterfeit items, the cargo is held in suspension.
During this time, storage fees, inspection supervision fees, document preparation costs, translation fees, disposal costs, and costs for confirming return feasibility may become issues.
| Cost / Decision Item | Common Situations Where It Occurs | What the Importer Should Decide | Freight Forwarder's Response |
|---|---|---|---|
| Storage Fees | When customs clearance suspension or certification procedures are prolonged | Whether to continue import or consider abandonment/disposal | Share the start date and expected duration of storage fees. |
| Inspection Supervision Fees | When customs inspection or physical verification is required | Whether to respond to inspection or handle by submitting documents | Confirm operational arrangements with customs broker and warehouse. |
| Translation and Document Preparation Fees | When submitting foreign language materials or contract documents | Whether to prepare translations or supplementary explanations | Encourage timely collection of materials to meet submission deadlines. |
| Disposal Fees | When a decision is made that import is not possible | Whether to choose voluntary abandonment or disposal | Confirm disposal procedures with customs broker. |
| Return Feasibility | When wanting to return non-importable cargo overseas | Whether return is possible and who will bear the cost | Confirm feasibility with customs broker and carrier. |
| Impact on Sales Plan | If the sales start date or delivery deadline cannot be met | Postpone sales, cancel, or consider alternative measures | Share expected customs suspension outlook with the importer. |
| Obtaining Rights Holder Consent | When there is a possibility of obtaining import consent from rights holder | Whether to contact the rights holder or consult an expert | The freight forwarder is not the negotiation party but coordinates with the customs broker. |
If the certification process concludes that import is not possible, the importer will consider voluntary abandonment, disposal, obtaining a consent letter from the rights holder, or corrective actions.
These decisions are made considering the product's value, quantity, sales plan, storage fees, legal risks, and the possibility of rights holder engagement.
The freight forwarder and customs broker do not judge rights issues on behalf of the importer but provide an overview of the procedural status, deadlines, and potential costs.
Common Misunderstandings
| Common Misunderstanding | Actual Consideration | Practical Precautions |
|---|---|---|
| If it is a genuine product bought overseas, it will definitely be importable | Even genuine products may require explanations of procurement channels and sales purposes. | Confirm purchase proof, authorized sales proof, and supplier information. |
| Parallel imports do not require any confirmation | Even for parallel imports, authenticity and procurement channels must be explainable or they will be subject to checks. | Confirm official distribution materials and reasonableness of price. |
| It is enough if the seller says it is genuine | The seller’s explanation alone may not suffice to prove authenticity or authorized distribution. | Prepare objective purchase documents and authorized sales proof. |
| Writing “bag” or “watch” on the invoice is sufficient | For brand goods, brand name, model number, quantity, unit price, and supplier are important. | Ambiguous item names need correction or additional documentation. |
| Saying it is for personal use means it won’t be considered for sale | Quantity, repeated imports, sales pages, and many identical items may suggest sales intent. | Explain intended use, quantity, and sales plans based on facts. |
| Only the product itself needs to be checked | Boxes, bags, tags, warranties, labels, and manuals may also be subject to inspection. | Obtain photos of accessories and packaging as well. |
| The freight forwarder can just say it is genuine | The freight forwarder is not in a position to judge authenticity or trademark infringement. | Collect importer materials and coordinate with the customs broker. |
| Certification procedures can be left to the customs broker | Opinion submissions, evidence presentation, and decisions on abandonment or disposal must be made by the importer. | Ensure importer can make decisions within deadlines. |
Practical Notes
When importing brand goods, customs clearance may be stopped due to insufficient documentation even if the product is genuine.
Particular attention is required for first-time transactions, overseas EC purchases, small-lot bulk shipments, inventory for sale, and goods purchased from individual sellers.
Moreover, not only the product itself but also accessories, packaging, tags, manuals, and warranties bearing logos or brand names may be subject to inspection, so it is important to review the entire cargo for risk assessment.
Even when handling parallel imports, the importer needs to prepare documents that can explain authenticity, procurement channels, pricing, sales purpose, and relation to authorized distribution.
If the freight forwarder identifies the cargo as brand goods, they should encourage the shipper to prepare documentation before customs clearance, and promptly share any concerns with the customs broker.
Summary
When importing brand goods, it is important that the product is genuine, that the procurement channel can be explained, and that there are no rights-related issues.
Even parallel imports may require explanations of authenticity, rights relationships between overseas and Japan, quality control, and procurement channels; otherwise, customs may require confirmation.
If customs requests confirmation, organize and respond within deadlines with documents such as invoices, purchase proof, authorized sales proof, contract documents, product photos, and sales pages.
A freight forwarder is not the decision-maker but is responsible for prompting the shipper to prepare documentation before customs clearance and for coordinating communications to avoid confusion with counterfeit or trademark-infringing goods.
Importing branded goods involves the practical logistics challenges of genuineness verification, parallel imports, trademark rights, customs clearance, sales planning, storage fees, and disposal risks. Confirming authenticity and preparing documentation before procurement are the most critical preventive measures.
