How do I stop counterfeit goods bearing my trademark from being imported into India

Question

I have discovered that counterfeit products using my trademark are being imported into India and I want customs authorities to intercept them. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How do I stop counterfeit goods bearing my trademark from being imported into India" turns on Customs Act, 1962, Section 11 and Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. The points below set out the position and then what to do about it, in the order it should be done.

Section 11 of the Customs Act, 1962 empowers the Central Government to prohibit the import or export of goods for the protection of intellectual property rights, among other public interest grounds, forming the statutory basis for customs enforcement against counterfeit and pirated goods entering India.

The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 allow a registered trademark, copyright, design or GI owner to file a 'notice of recordal' with the Directorate of Revenue Intelligence's Central Recordation System, providing details of genuine and suspected counterfeit goods, enabling customs officers at ports and airports to proactively identify and suspend clearance of suspect consignments.

Once a recordal is in place and customs suspends clearance of a suspect shipment, the rights holder is notified and must join the proceeding, typically providing a bond and confirming whether the goods are counterfeit, after which customs can order destruction or other disposal of confirmed counterfeit goods under the Rules, without requiring the rights holder to file a separate civil suit for each consignment.

Registering with the customs recordal system is time-bound, generally valid for a defined period and renewable, and rights holders often combine customs recordal with civil enforcement (injunction suits) and criminal complaints under the Trade Marks Act, 1999 and Copyright Act, 1957 for maximum protection against repeat importers of counterfeit goods.

Practical steps: 1) Register your trademark, copyright or design with the IPR recordal system with customs; 2) Provide customs with clear product identifiers to distinguish genuine from counterfeit goods; 3) Respond promptly when notified of a suspended suspect consignment; 4) Pursue destruction of confirmed counterfeit goods and consider parallel civil or criminal action.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Customs Act, 1962, Section 11 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in intellectual property.