Trademark-Infringing Goods in Japan: Customs Suspension, Determination and Parallel Imports
Interlink編集部What Are Trademark Infringement Goods?
Trademark infringement goods are products that use brand names, logos, marks, product names, or trademarks without the permission of the trademark owner.
In import operations, typical examples include counterfeit brand goods, logo-embellished copy products, products that display brand names without authorization, and items labeled to mislead as genuine products.
Trademarks serve as important indicators of the source of goods or services. Consumers rely on brand names and logos to determine which business the product comes from and whether it meets a certain quality standard.
Therefore, products using trademarks without authorization may be mistaken for genuine items and could be subject to issues at customs as intellectual property infringement goods.
This article organizes the meaning of trademark infringement goods, their relationship to counterfeit products, the differences from genuine or parallel imports, customs verification, certification procedures, import injunctions, and practical points for freight forwarders.
Scope Covered in This Article
| Item | Content Covered in This Article | Details Covered in Other Articles |
|---|---|---|
| Basics of Trademark Infringement Goods | Deals with cargo bearing unauthorized use of trademark indications such as brand names, logos, and marks. | Explanation of the overall system for intellectual property infringement goods is covered in articles on import injunctions and certification procedures. |
| Relation to Counterfeit Goods | Clarifies where counterfeit goods and trademark infringement goods overlap and where they differ conceptually. | Broad coverage of copy products and counterfeit brands is found in the "Counterfeit Goods" article. |
| Differences from Genuine Products | Addresses differences from genuine products manufactured and sold by trademark owners or authorized entities. | Preparation of materials proving authenticity and general confirmation of brand goods are covered in "Brand Goods Import" articles. |
| Differences from Parallel Imports | Discusses differences between parallel importation of genuine products and goods that become issues as trademark infringement goods. | Authenticity of genuine products, relationships between domestic and foreign rights holders, and substantial quality equivalence are handled in "Parallel Import" articles. |
| Customs Verification | Covers trademark indications frequently checked by customs, sourcing routes, authenticity documentation, and product photographs. | Verification of basic customs documents such as invoices, packing lists, B/L, AWB prior to declaration is in articles on pre-declaration checks. |
| Certification Procedures | Addresses import injunctions, certification procedures, and submission of opinions and evidence when trademark infringement is suspected. | Preparation policy of opinion statements and negotiations with rights holders are decisions for importers or experts. |
| Freight Forwarder Handling | Focuses on document collection, collaboration with customs brokers, deadline management, and explanation of risks related to storage fees and disposal costs. | Final decisions on whether trademark infringement exists, voluntary abandonment, disposal, and obtaining rights holder consent are handled by importers. |
| Limits of Corrective Actions | Discusses that partial removal of trademarks, packaging changes, or corrections do not always guarantee import clearance. | Specific feasibility of corrections and responses involving customs, rights holders, and experts need to be confirmed. |
Roles between Brand Goods Import, Parallel Import, and Counterfeit Goods
Trademark infringement goods are closely related to brand goods import, parallel import, and counterfeit goods. However, each article focuses on different core points.
| Article | Main Theme | Key Aspects to Confirm | Practical Usage Distinctions |
|---|---|---|---|
| Brand Goods Import | Authenticity, sourcing, customs documents, certification procedures, and import injunction risks when importing overseas brand goods | Brand name, model number, supplier, proof of purchase, certificate of authorized sale, product photos | Used as an introductory article to check overall brand goods import matters. |
| Parallel Import | Judgment framework when genuinely sourced goods are imported through channels other than the official Japanese authorized dealer route | Authenticity, relationships between domestic and foreign rights holders, substantial quality equivalence, sourcing routes | Referred to when products are genuine but not imported through official dealer channels. |
| Counterfeit Goods | Fake, copy, and similar products made without rights holder authorization | Fakes, copies, appearance imitation, logo imitation, unauthorized markings | Referenced for a broad overview of intellectual property infringement goods. |
| Trademark Infringement Goods | Cargo where trademark displays such as brand names, logos, or marks cause issues | Trademark labeling, authenticity, sourcing, approval documents, customs inquiries, certification procedures | Referenced when the trademark display itself is the issue. |
Relationship with Counterfeit Goods
Trademark infringement goods and counterfeit goods may overlap, but they are not exactly the same concept.
Counterfeit goods broadly refer to fake, copy, or similar products made to resemble another's product or brand.
Trademark infringement goods focus on the unauthorized use of trademarks such as brand names, logos, or marks without permission from the trademark owner.
| Category | Primary Meaning | Typical Examples | Practical Points to Note |
|---|---|---|---|
| Counterfeit Goods | Broadly refers to fake or copy products made to resemble others' goods or brands. | Fake brand bags, copy watches, products with similar designs | Issues may also arise with designs, copyrights, or appearance imitation beyond just trademarks. |
| Trademark Infringement Goods | Products using brand names, logos, or marks without consent from the trademark owner. | Unauthorized logo clothing, smartphone cases with brand names, counterfeit brand products | Items with trademark displays on tags or packaging other than the main product body may also be subject to checks. |
| Genuine Products | Authentic products manufactured and sold by the trademark owner or authorized parties. | Brand items purchased from authorized retailers, licensed products | It is important to be able to demonstrate authenticity with appropriate documentation. |
| Parallel Imports | Genuine products imported from overseas through non-official authorized dealer channels. | Brand goods sourced from overseas official stores | Even if genuine, explanation of substantial quality equivalence and sourcing routes may be required. |
Counterfeit brand bags, clothing with copied brand logos, and smartphone cases bearing famous brand names without authorization are considered imitation goods and may also constitute trademark infringement products.
However, trademark infringement products may include not only outright counterfeits but also items that appear genuine yet have issues related to trademark use, distribution channels, packaging alterations, or quality control.
Difference Between Genuine Products and Parallel Imports
Genuine products are authentic goods manufactured and sold by the trademark owner or those authorized by them.
Parallel imports involve importing genuine products circulating overseas through distribution channels different from Japan’s official agency network.
In cases of parallel imports of genuine products, they may not be considered trademark infringement. However, having authentic products does not necessarily mean there is no issue.
| Category | Treatment of Trademark Display | Customs Issues | Examples of Supporting Documents |
|---|---|---|---|
| Genuine Products | Trademarks are lawfully affixed by the trademark owner or those authorized by them. | The key issue is whether the product is genuine and procured through proper channels can be demonstrated. | Invoices from authorized retailers, purchase certificates, authorized sales certificates, product photos |
| Parallel Imports | Assumed to be genuine products with trademarks lawfully affixed overseas. | The relationship between domestic and foreign rights holders, substantial identity of quality, and procurement routes become critical. | Supplier documentation, product specifications, warranty documents, sales region information |
| Trademark Infringement Products | Trademarks used without the consent of the trademark owner. | May be subject to import suspension or approval procedures as intellectual property infringing goods. | Customs notifications, product photos, rights owner documents, importer-submitted evidence |
| Unknown Source Products | Trademark displayed but lawful use cannot be confirmed. | If authenticity or procurement routes cannot be explained, customs clearance may be delayed or stopped. | Additional purchase proofs, seller information, model number data, authorized sales certificates |
In parallel imports, issues may arise regarding whether the product is legally trademarked overseas, the relationship between the foreign and Japanese trademark owners, the substantial equivalence of quality, presence or absence of packaging changes or modifications, and sales region restrictions.
Therefore, understanding trademark infringement products requires organizing not only counterfeit goods but also the relationships with genuine products, parallel imports, and quality control functions.
Reasons They Cause Problems in Import Operations
Trademark infringement products may be difficult to judge based solely on appearance.
Even if the product quality is high, unauthorized use of logos or brand markings may result in classification as intellectual property infringing goods.
Additionally, even if shippers recognize the products as genuine, if the supply source is unofficial, if the procurement route cannot be explained, or if the rights holder’s consent cannot be confirmed, customs clearance issues may arise.
| Reasons They Are Often Problematic | Specific Situations | Customs Impact | Verification Focus |
|---|---|---|---|
| Difficult to judge by appearance alone | Product quality is high and appears genuine | Explanation of authenticity and procurement routes is required. | Check purchase certificates, authorized sales evidence, product photos. |
| Logos or brand names are conspicuous | Trademark displayed on the product itself, tags, boxes, bags, or warranty cards | Usage basis for trademark display will be verified. | Confirm rights holder consent, proper procurement, seller information. |
| Supply source is unclear | Procurement from overseas e-commerce, individual sellers, local markets, or unknown suppliers | May be unable to confirm whether it is proper distribution product. | Verify supplier company information, sales pages, order history. |
| Price is extremely low | Procured at prices significantly different from normal market prices | Raises suspicion of counterfeit or unauthorized distribution goods. | Check price justification, procurement routes, sales conditions. |
| Intended for resale | Large quantities of identical products intended for e-commerce sales or resale | Verification requirements may increase for commercial imports. | Check sales plans, quantities, procurement routes. |
| Trademarks on packaging or accessories | No logo on product itself but brand displayed on tags or boxes | Accessories and packaging materials also become subjects of verification. | Confirm photos of product, tags, boxes, bags, instruction manuals. |
Particular caution is required for brand-marked goods procured from overseas e-commerce sites, individual sellers, local markets, or unknown suppliers.
Goods Likely to Cause Problems
Goods likely to be problematic as trademark infringement products widely include items bearing brand markings or logos.
| Type of Cargo | Commonly Problematic Markings | Items to Check | Notes |
|---|---|---|---|
| Bags & Wallets | Brand name, logo, embossing, metal fittings' marks | Product itself, tags, box, warranty certificate, sales page | Typically subject to checks as counterfeit branded goods. |
| Watches & Accessories | Dial, engravings, case, brand labels on warranty certificate | Main unit, model number, serial number, warranty certificate, outer box | Documentation of model and serial numbers may be important. |
| Clothing & Shoes | Logo, tags, embroidery, print, labels | Main item, washing instructions, tags, box, bag | Tags and packaging as well as the product itself are checked. |
| Smartphone-related Goods | Cases/accessories bearing well-known brand names or logos | Product itself, packaging, sales page | Extra caution is required if logos appear on items unrelated to the brand. |
| Cosmetics & Perfumes | Brand name, container labels, outer box, sales region indication | Container, box, ingredient listing, procurement documents | Not only trademarks but also ingredients, labeling, and other regulations may be at issue. |
| Electric Appliances & Parts | Manufacturer name, model number, logo, parts packaging | Main unit, part labels, model documentation, supplier information | Verification may be needed on whether parts are genuine repair parts or imitations. |
| Novelty Items | Promotional items bearing brand names or logos | Product itself, distribution source documents, licensing documents | Even non-sale or promotional items can raise trademark usage concerns. |
| Packaging Materials & Accessories | Brand marks on boxes, bags, tags, labels, manuals, warranty certificates | Packaging, accessories, printed materials | Issues may arise even if the product itself lacks logos. |
Not only the product itself but also tags, boxes, bags, labels, manuals, warranty certificates, stickers, and packaging materials displaying brand names or logos are subject to verification.
Also, even when the product itself has no logos, problems can arise if trademarks are used without permission on sales packaging or accessories.
Checkpoints at Customs
When customs suspect that cargo infringes trademark rights, importers may be asked for verification.
At this time, importers need to explain that the product is genuine, that they have permission from the rights holder, or provide reasons why it does not constitute trademark infringement.
| Checkpoint | What Is Verified | Commonly Missing Documents | Practical Notes |
|---|---|---|---|
| Brand Name & Logo | Trademarks displayed on product or packaging | Photographs of product, tags, outer box | Not only the product but also the packaging and accessories are inspected. |
| Model Number & Quantity | What product and how many are imported | Model documentation, product catalog, invoice details | Vague item names like "goods" or "parts" may result in insufficient information. |
| Price | Whether significantly deviating from usual market prices | Proof of purchase, order history, pricing documents | Extremely low prices often trigger verification. |
| Supplier | Whether legitimate retailer, authorized dealer, wholesaler, or individual seller | Supplier company information, certificates of authorized sales, order records | Self-explanations from sellers alone may be inadequate. |
| Sales Purpose | For personal use, inventory for resale, or repeated importation | Sales plan, sales page, purchase orders | Sales for resale usually requires more thorough documentation. |
| Licensing Documents | Whether permission from rights holders exists for trademark use or sales | License agreements, usage permissions, certificates of authorized sales | It should be confirmed whether licenses cover the products and regions involved. |
| Parallel Import Assessment | Genuineness, relationship between domestic and foreign rights holders, substantial quality equivalence | Procurement route documents, product specifications, warranty documents | Even genuine products may face ongoing review without sufficient explanatory materials. |
Mere product names on invoices are usually insufficient. Importers may be asked for supplier information, purchase proof, authorized dealer certification, permission from rights holders, product photos, and sales pages.
Import Suspension and Certification Procedures
When customs judge that the goods might infringe trademark rights, certification procedures may be initiated.
Certification procedures are processes for customs to determine whether the suspected goods constitute intellectual property infringement.
Once the procedures begin, importers are notified and required to submit their opinions and evidence within a set deadline.
| Stage | Main Content | Required Actions on Importer Side | Points of Caution |
|---|---|---|---|
| Discovery of Suspected Infringement | Customs identifies cargo suspected of trademark infringement | Verify product details, trademark labeling, supplier, authenticity, and authorization documents. | Customs clearance is halted, and management of storage fees and response deadlines becomes necessary. |
| Start of Certification Procedure | Customs notifies the importer to begin procedure | Confirm notification details, response deadline, and required documents. | Timely response within the deadline is critical. |
| Submission of Opinions and Evidence | Importer submits documents explaining that the goods do not infringe | Prepare invoice, proof of purchase, sales pages, official sales certification, and authorization documents. | Explanations solely from the seller may not be sufficient evidence. |
| Judgment by Customs | Customs decides based on submitted documents whether goods are infringing | Respond to additional document or supplementary explanation requests. | Freight forwarders and customs brokers are not in a position to make the final judgment. |
| Certified as Non-Infringing | Possibility of progressing to import approval | Resume customs clearance, cargo release, and delivery. | Check for any other customs deficiencies left unresolved. |
| Certified as Infringing | Process proceeds with prohibition of import | Consider disposal, voluntary abandonment, rights holder consent, corrective actions, possible return, etc. | Confirm costs, storage fees, and impact on sales plans. |
Trademark-infringing goods are one of the intellectual property infringement categories frequently targeted for inspection by customs. Therefore, importers need to prepare documentation explaining the procurement routes and authenticity before customs clearance.
Practical Workflow
| Stage | Main Items to Confirm | Common Causes of Halt | Practical Actions |
|---|---|---|---|
| Before Procurement | Presence of brand indication, trademark usage authorization, supplier reliability | Judging goods as genuine based solely on explanations from overseas EC sellers | Verify supplier information, official sales certificates, and authorization documents. |
| Before Import Arrangement | Brand name, logo, model number, quantity, price, sales purpose | Invoice product names are ambiguous, making it unclear if trademarks apply | Check product photos, model number documents, and presence of brand markings. |
| Customs Declaration Stage | Authenticity, procurement route, rights holder authorization, parallel import applicability | Lack of documents demonstrating genuine procurement or authorization | Share documents with the customs broker and check for missing paperwork. |
| Customs Inquiry Stage | Invoice, proof of purchase, sales pages, official sales certification, authorization documents | Difficulty contacting supplier, causing delays in obtaining documentation | Collect documents from the importer and share them with the customs broker within deadlines. |
| Certification Procedure Start | Whether importer submits opinion letter and evidence within the deadline | Importer unable to prepare documents explaining authenticity or parallel import status | Share response deadlines, required documents, and storage fee risk. |
| If Found to Be Infringing | Disposal, voluntary abandonment, rights holder consent, corrective measures, return feasibility | Storage fees, disposal costs, impact on sales plans, and cost allocation with cargo owner become issues | Organize costs and procedural status as importer decision matters. |
Required Documentation
If suspicion of trademark-infringing goods arises during inspection, the following documents may be required.
| Document | Main Purpose | Details Checked | Points of Caution |
|---|---|---|---|
| Invoice Showing Legitimate Procurement | Describes product name, quantity, price, and supplier | Brand name, model number, quantity, unit price, seller, buyer | Generic product names like bag, goods, parts may be insufficient. |
| Proof of Purchase / Order History | Explains the purchase process | Order date, seller, product name, quantity, price | Shows purchase history, but may not be sufficient to prove authenticity. |
| Contract with Supplier | Explains business relationship and sales authorization | Contracting parties, subject goods, sales territory, terms of trade | Check if the contract scope applies to the cargo in question. |
| Documents from Authorized Dealers or Retailers | Confirms procurement through official distribution channels | Retailer name, subject goods, purchase quantity, sales territory | Confirm that the supplier belongs to official distribution. |
| Authorization Documents from Rights Holder or Authorized Dealer | Explains existence of trademark or sales authorization | Target trademark, goods, territory, period, scope of authorization | Check that the authorization scope covers the cargo in question. |
| Product Catalogs / Model Number Documents | Describe product details, model numbers, specifications | Brand name, model number, specifications, genuine product information | Confirm consistency with invoice line items. |
| Product Photos | Check main body, logo, tags, box, warranty, labels | Brand indication, quality, model number, packaging condition | Verify not only the product but also accessories and packaging. |
| Sales Pages | Confirm seller, product description, and labeling | Brand name, product name, price, seller identification | Sales pages alone may not prove rights holder authorization. |
| Supplier Company Information | Verify existence and credibility of the seller | Company name, address, contact details, sales records | Name of overseas EC seller alone may be insufficient. |
| Documents Indicating Basis for Use of Brand or Logo | Explain that trademark use is lawful | License, official sales certification, rights holder documents | Confirm applicable sales territory and products for import and sale. |
These documents are used not merely to show that “the product appears genuine,” but to demonstrate that the trademark is lawfully affixed, that the procurement route has no issues, and that import and sale do not infringe trademark rights.
For items purchased especially from overseas EC sites or individual sellers, sales pages or order histories alone may be insufficient.
Freight Forwarder Practical Handling
Freight forwarders are not in a position to determine whether there is trademark infringement.
However, for cargo including branded items, logoed products, character display products, or packages with trademark markings, it is important to encourage the shipper to conduct advance verification.
| Scenario | What freight forwarders can do | What freight forwarders cannot decide alone | Items to coordinate with importers/customs brokers |
|---|---|---|---|
| Before import arrangement | Identify whether the cargo has brand names, logos, trademark markings | Final determination of trademark infringement | Confirm with the shipper about authenticity, sourcing routes, and presence of authorization documents. |
| Before customs declaration | Organize invoice, product photos, brand names, model numbers, quantities | Judgment of genuine product status or parallel import applicability | Consult in advance with customs brokers and check necessary documentation. |
| When customs inquiry occurs | Collect documents from the importer and coordinate with customs brokers | Definitively concluding no trademark infringement | Request proof of purchase, authorized sales evidence, and authorization documents from the importer. |
| When certification procedure starts | Share notifications, response deadlines, and required documents with the importer | Judgment on the content of written opinions or submission strategies | Encourage confirmation by the importer, customs brokers, and if necessary, experts. |
| While on hold | Summarize storage fees, shipping holds, and effects on delivery schedule | Decision on whether to continue import, abandon, or dispose of the goods | Share cost occurrences and deadlines with the importer. |
| If deemed infringement applicable | Organize practical information on procedural status, costs, returns, and disposal | Negotiations with rights holders, voluntary abandonment, disposal decisions | Confirm practical responses with customs brokers based on the importer’s decisions. |
| If modification discussion arises | Share with customs brokers that removal of the trademarked parts or packaging changes are being discussed | Judgment on whether modification will allow import | Encourage confirmation with customs and customs brokers and experts as needed. |
| Record keeping | Keep records of whom was confirmed with, what was checked, and which documents were submitted | Judgment of infringement existence or legal responsibility | Preserve verification history, response deadlines, and document submission records. |
Particular caution is needed for extremely cheap branded items, cargo with unclear suppliers, vague invoice descriptions, or small-lot large-volume cargo clearly meant for resale.
When customs inquiries arise, freight forwarders should promptly collect documents from the shipper and liaise with customs brokers.
However, freight forwarders should avoid making definitive statements such as "There is no trademark infringement" or "This is a genuine product" as agents of the importer.
The role of freight forwarders is fact-checking, document collection, coordination with customs brokers, deadline management, and explaining risks such as storage or disposal costs.
Four-Column Checklist
| Verification Stage | Party to Confirm With | Items to Check | Actions if Issues Found |
|---|---|---|---|
| Before procurement | Importer, supplier | Presence of brand markings, trademark usage authorization, supplier reliability | Confirm authorized sales certificates, permission documents, and supplier information. |
| Before import arrangement | Importer, overseas seller | Brand name, logo, model number, quantity, price, sales purpose | Request product photos, catalog/model number documents, detailed invoices. |
| When checking invoices | Importer, overseas seller, customs brokers | Whether product descriptions are vague, and if brand names/model numbers are specified | Obtain corrected invoices or supplementary documents. |
| When checking product photos | Importer, warehouse, overseas seller | Trademark markings on the product itself, tags, boxes, bags, warranty cards, instructions | Obtain photos of not only the product but also accessories and packaging materials. |
| During customs inquiry | Importer, customs brokers | Proof of purchase, sales pages, authorized sales evidence, permission documents, supplier information | Organize documents that can be submitted within the response deadline. |
| When explaining parallel imports | Importer, customs brokers | Genuineness, relationship between domestic and foreign rights holders, substantial quality equivalence | Organize documents according to judgment criteria for parallel imports. |
| When certification procedure starts | Importer, customs brokers | Notification contents, response deadlines, submission policy for opinions and evidence | Manage deadlines as importer's decision matters. |
| When continuing import is difficult | Importer, customs brokers | Voluntary abandonment, disposal, rights holder consent, modification compliance, possible return | Organize costs, deadlines, and effects on sales plans. |
| If the forwarder is asked to explain genuine product status | Importer, customs brokers | What the forwarder can and cannot judge | Do not conclude infringement or not; focus on document collection and coordination with customs brokers. |
Cases Prone to Issues in Practice
| Case | Common Causes | Practical Impact | Suggested Approach |
|---|---|---|---|
| Invoice item description is only "bags" or "fashion goods" | Brand name, model number, quantity, and unit price are omitted | Customs may verify the presence of trademark display and authenticity of the goods. | Obtain a detailed invoice, product photos, and model number documentation. |
| Purchasing branded goods from overseas e-commerce sites | Seller's legitimacy and sourcing route are unclear | Proof of purchase alone may be insufficient to prove legitimate distribution. | Verify supplier information, certificates of authorized sale, and sales pages. |
| Logoed products priced extremely low | Suspected counterfeit, unauthorized, or irregular distribution items | May trigger customs inquiries or certification procedures. | Check price rationale, seller information, and product photos. |
| Trademark is on packaging or tags rather than on the product itself | Only packaging materials or accessories bear trademark markings | Even if the product itself lacks a logo, it can still be subject to customs verification. | Confirm box, tags, warranty certificates, labels, and instruction manuals. |
| Claims the product is genuine but cannot explain the procurement route | Purchasing from individual sellers or unauthorized dealers | Insufficient explanation of authenticity may result in customs clearance delays. | Obtain purchase proof, supplier information, and authorized distribution documentation. |
| Parallel imports suspected of trademark infringement | Lack of explanation for overseas specifications, packaging changes, or non-warranty coverage | Even genuine products may raise issues related to trademark quality assurance functions. | Organize information on product authenticity, relationship with rights holders, and substantial quality equivalency. |
| Assuming removing trademark parts will allow import | Does not understand the limits of modification measures | Removing trademarks does not necessarily guarantee import and may only cause unnecessary costs. | Encourage consultation with customs brokers, customs authorities, and experts. |
| Importer cannot make decisions during certification procedures | Does not understand the purpose or deadline of procedures | Missing deadlines may result in increased storage fees and import refusal. | Share information on deadlines, required documents, and potential cost risks. |
Practical Scenario 1: Customs Clearance Halted Due to Suspicion of Counterfeit Brand Goods
There are cases where importers procure brand-logoed bags or wallets from overseas e-commerce sites and attempt to sell them domestically in Japan.
The invoice may simply state "bags" or "fashion goods" without specifying brand names or model numbers. However, during cargo inspection, customs may identify the logo of a well-known brand and initiate verification due to suspected trademark infringement.
If the importer can only provide screenshots of the sales page and cannot present purchase proof from authorized dealers or authorization from the rights holder, customs clearance may proceed to certification procedures.
In such cases, customs holds, storage fees, delays to sales plans, disposal costs, and cost allocation with the cargo owner become issues.
Practical Scenario 2: Claims of Authenticity Without Explaining Procurement Routes
Even if an importer states the products are "genuine brand goods," the supplier may be an individual seller or an unauthorized dealer with no documentation to show authorized distribution.
Even if the product appears high quality, if the product’s lawful trademark affiliation, authorized distribution status, or prior consent from rights holders cannot be demonstrated, customs inspection may continue.
In such cases, freight forwarders should not simply relay to customs that "the shipper says it is genuine," but instead confirm purchase proof, sales pages, supplier information, model numbers, product photos, and the relationship with the rights holder or authorized agent.
If documentation is incomplete, risks of customs delays or certification procedures remain.
Practical Scenario 3: Parallel Imports Suspected of Trademark Infringement
Even if declared as genuine parallel imports, customs may raise concerns regarding the trademark's quality assurance function due to overseas specifications, packaging changes, repackaging, or lack of warranty coverage.
If the importer is unable to explain the relationship between the overseas and Japanese trademark rights holders, the substantial quality equivalency, or the procurement route, customs inquiries or certification procedures can ensue.
In these cases, the critical point is whether the importer can demonstrate that the parallel imports do not constitute trademark infringement, not merely whether the products are genuine.
The criteria for judging parallel imports are organized in a separate article titled "Parallel Import".
Practical Scenario 4: Trademark Only on Packaging Materials
There are cases where the product itself lacks a brand logo but the box, tags, bags, warranty documents, or manuals display well-known brand names or logos.
In this case, it is not possible to conclude no trademark infringement risk simply by inspecting the product alone. If the packaging or accessories bear trademark markings, customs may scrutinize them.
The response involves obtaining photos of the product, outer box, tags, warranty, and manuals, and confirming the basis for trademark use. Supplier information and authorized sale certificates should also be shared with the customs broker.
Practical Scenario 5: Novelties Bearing Brand Logos
Cases exist where novelties distributed overseas are imported and sold in Japan. These novelties may have brand logos but are not intended for commercial distribution.
In such cases, the presence of logos, non-commercial status, and import for sales purposes may become problematic. Even if appearing genuine, if authorities cannot verify sales authorization or distribution channels, customs may request confirmation.
Measures include verifying the source of distribution, procurement route, sales permissions, product condition, and quantity. If the importer handles these for sale, documentation proving relationships with rights holders or authorized distribution is necessary.
Practical Scenario 6: Belief That Removing Trademark Parts Will Resolve Issues
When customs clearance is halted due to suspected trademark infringement, importers may ask if removing the logo part would allow import.
However, removing trademarked parts, peeling off labels, or changing packaging does not always guarantee import clearance. The conclusion depends on the nature of the product, the location of the trademark display, the rights holder's response, customs decisions, and the feasibility of the modification process.
Freight forwarders do not definitively state that import is possible after modification but confirm with the customs broker. If necessary, they organize points for the importer to consult specialists or confirm with the rights holder.
Costs and Decisions When Import Is Stopped
If customs halts clearance due to suspicion of trademark infringement goods, the cargo is put on hold.
During this period, charges such as storage fees, inspection attendance fees, document preparation costs, translation fees, disposal costs, and verification fees for the possibility of return shipment may arise.
| Cost/Decision Item | When Likely to Occur | What the Importer Should Decide | Freight Forwarder's Actions |
|---|---|---|---|
| Storage Fees | When customs hold or certification procedures are prolonged | Whether to continue import or consider abandonment/disposal | Share the start date and expected duration of storage fees. |
| Inspection Attendance Fees | When customs inspection or on-site verification is required | Whether to attend the inspection or respond by submitting documents | Confirm practical arrangements with customs broker and warehouse. |
| Translation/Document Preparation Fees | When submitting foreign language or contract materials | Whether to prepare translations or supplementary explanations | Encourage collection of documents for timely submission. |
| Disposal Costs | When import is judged impossible | Whether to choose voluntary abandonment or disposal | Confirm disposal procedures with customs broker. |
| Return Shipment Possibility | When wanting to return non-importable cargo overseas | Whether return shipment is possible and who bears the costs | Verify practical feasibility with customs broker and carrier. |
| Modification Measures | When removal of trademark parts, label stripping, or packaging changes are considered | Whether to proceed with modifications and who covers costs | Do not definitively state import is possible after modifications; confirm with customs broker. |
| Impact on Sales Plan | When it may not meet sales start date or delivery schedule | Postpone sales, cancel, or find alternative measures | Share expected customs hold status with the importer. |
| Obtaining Rights Holder's Consent | When there is a possibility to obtain import consent from the rights holder | Whether to contact the rights holder or consult specialists | The freight forwarder does not lead negotiations but coordinates with the customs broker. |
If the certification procedure concludes that import is not possible, the importer will need to consider voluntary abandonment, disposal, obtaining a consent letter from the rights holder, or modification measures such as removal of trademark parts.
However, removing trademarked parts does not always guarantee import clearance. The conclusion varies depending on the product nature, rights holder response, customs judgment, and feasibility of modification.
Freight forwarders and customs brokers do not judge the rights status on behalf of importers. Their role is to organize and communicate the procedure status, deadlines, and potential costs.
Common Misunderstandings
| Common Misunderstanding | Actual Perspective | Practical Notes |
|---|---|---|
| If the product is high quality, it’s not a trademark infringement product. | Even high-quality products can become problematic if trademarks are used without authorization. | Check the basis of trademark use, not product quality. |
| Small logos do not cause issues. | Even small logos, if displayed as trademarks, may be subject to verification. | Check the product itself, tags, boxes, and packaging materials. |
| If it was commonly sold overseas, it can be imported. | Sales overseas alone do not explain the legality of trademark use or import sales rights. | Confirm procurement routes, authorized sales certification, and permission documents. |
| Expressing "genuine" on sales pages is sufficient. | Sales page statements alone may not prove authenticity or rights holder authorization. | Confirm purchase proofs, supplier info, and authorized sales certificates. |
| If the product itself has no logo, there is no issue. | Trademarks on boxes, bags, tags, warranty cards, or manuals can also cause issues. | Include accessories and packaging in the verification scope. |
| Parallel imports do not constitute trademark infringement. | Unless genuine product status, rights holder relationships, and substantial quality equivalence can be explained, issues may arise. | Prepare documentation explaining parallel imports. |
| Removing trademarked parts always ensures import clearance. | Removal or label stripping does not always resolve the issue. | Confirm with customs broker, customs, and specialists as needed. |
| Freight forwarders can state the product is genuine. | Freight forwarders are not in a position to judge trademark infringement status. | Focus on document collection, coordinating with customs brokers, and deadline management. |
Practical Considerations
Trademark infringement goods represent one of the most typical intellectual property risks in import logistics practice.
Products may appear high-quality, but unauthorized use of logos or brand displays could lead to classification as trademark infringement goods.
Even when claiming genuine goods, failure to prepare procurement routes, authorized sales proof, rights holder permission, or parallel import documentation could result in continued customs verification.
Freight forwarders should encourage shippers to confirm authenticity for cargo including brand names or logos and promptly share any doubts with customs brokers.
Especially for brand-labeled goods sourced from overseas e-commerce sites, individual sellers, local markets, or unknown suppliers, confirming authenticity, procurement channels, and rights holder permissions before purchase is critical.
Summary
Trademark infringement goods are products that use brand names, logos, marks, or product names without the rights holder’s authorization.
Typical examples include counterfeit branded products or logo-bearing copies, but even products appearing genuine or parallel imports may cause issues if they harm the trademark’s origin indication or quality assurance functions.
In import operations, it is necessary to check not only whether the goods are genuine but also the basis for the use of trademarks, the procurement route, the rights holder’s permission, and documentation explaining parallel imports.
While a freight forwarder is not the judge of trademark infringement, they are responsible for prior confirmation with the shipper, collecting documentation, coordinating with customs brokers, managing deadlines, and explaining potential cost risks.
Trademark-infringing goods represent a critical issue intersecting brand imports, parallel imports, counterfeit products, import injunctions, and certification procedures; verifying authenticity and preparing documentation before procurement is the most important preventive measure.
