Border Enforcement
Customs measures for trademarks — how to stop counterfeits at the border
Counterfeit products damage your business, erode consumer trust, and undermine the investment you have made in your brand. One of the most powerful protection tools is a customs application for action — through which Kosovo Customs can detain suspected goods at every border crossing before they reach the market.
How the procedure works
1. Register your trademark
Legal prerequisite: your mark must be registered or in a valid pending procedure before the Kosovo Industrial Property Agency (API). The registration certificate is the foundation of every customs action.
2. Application for customs action
A formal application is prepared and filed with Kosovo Customs requesting the detention of goods suspected of counterfeiting or piracy. It includes the rights holder's details, trademark specifics, product classes, and criteria for identifying authentic goods.
3. Processing by Customs
Customs officers assess the completeness and accuracy of the application. Once approved, the customs system is placed on alert — any shipment matching your trademark's criteria is stopped at the border for inspection.
4. Detention and inspection
When suspected goods are identified, they are detained. The rights holder is notified within the legal deadlines and invited to inspect the detained shipment together with their legal representatives.
5. Confirmation and legal action
If the goods are confirmed as counterfeits, the procedure continues with destruction, prohibition from circulation, and legal liability for the importer. The case is documented and used for further civil or criminal proceedings.
6. Monitoring and renewal
Customs measures have a limited validity period. Periodic renewal and continuous market monitoring keep your trademark protected at every border crossing point.
Why your business needs customs measures
If your business imports, manufactures, or distributes products under a registered trademark, the border is the first point where legal protection can act with full effectiveness. Unlike civil actions taken after goods are sold, customs measures act before counterfeits reach the consumer — reducing economic damage and preserving brand reputation.
Kosovo Customs plays a key role in preventing the entry and circulation of these goods, through customs controls, risk analysis, and cooperation with the responsible institutions and intellectual property rights holders.
Continue reading
- Our services in cooperation with Kosovo Customs — how we support you at every step.
- Trademark infringement in Kosovo — what to do when someone uses your mark.
- How to register a trademark in Kosovo — the legal foundation of your rights.
Applicant questions before filing
These are the questions businesses ask us most often before filing a customs application for action with Kosovo Customs.
Where do I file a customs application for action in Kosovo?
The application is filed with Kosovo Customs, at the unit responsible for enforcing intellectual property rights. It can be submitted by the rights holder or by an authorised representative holding a power of attorney — we handle this step on your behalf.
What documents must be attached to the application?
The trademark registration certificate (or proof of a pending application), a power of attorney, a technical description and photographs of the genuine product, the list of covered classes and goods, details of authorised importers or distributors, and any intelligence on suspected shipments (origin, route, packaging).
How long is a customs decision valid and how is it renewed?
An approved application is valid for a limited period and is renewed by filing a fresh request before expiry. If the deadline passes, the customs alert is deactivated and shipments are no longer stopped automatically, so we keep a renewal calendar for our clients.
What happens if Customs detains goods and I do not respond?
The rights holder is notified and has a short legal deadline to confirm whether the goods are counterfeit and to request that the procedure continue. If you miss that deadline, the shipment is released into the market — a reachable contact point and fast response are essential.
Do I have to provide a guarantee or cover storage costs?
In some cases the rights holder bears the cost of storage, examination and destruction, and a security may be required to cover potential damage to the importer if the detention proves unfounded. We assess these costs with you in advance.
Can I request customs measures based on an EU or international trademark?
Customs protection in Kosovo relies on rights that are valid in Kosovo's territory. An EU trademark (EUTM) does not automatically extend to Kosovo — you need a national registration before the API, or a Madrid System designation covering Kosovo.
Can Kosovo Customs act without a prior application?
Yes, Customs may detain goods ex officio on reasonable suspicion, but only temporarily — the rights holder must file an application within the short notification deadline or the shipment is released. A prior application remains the safest route.
Does the application cover only imports, or also exports and transit?
Customs measures can apply to imports, exports, re-exports and to transit or customs warehousing procedures, depending on the legal basis and the circumstances of the case.
Frequently asked questions
What are customs measures for trademarks?
Legal measures that allow trademark rights holders to ask Kosovo Customs to detain goods suspected of counterfeiting or piracy at the border, before they enter the market. They are based on the law on customs measures for the protection of intellectual property rights.
Do I need a registered trademark to request customs action?
Yes. Only holders of registered trademarks (or applicants in a valid pending procedure) can file a customs application. Without registration, customs has no legal basis to detain goods.
How much does a customs application cost?
The procedure involves moderate costs compared to the damage caused by counterfeit goods flooding the market. Customs fees and legal costs for destruction are regulated by law. Contact us for a free, accurate estimate for your case.
How long does the approval process take?
Timing depends on the completeness of the documentation and Customs' workload. When the file is prepared correctly, approval is relatively fast. We help prepare error-free documentation to minimise delays.
What happens to confirmed counterfeit goods?
Goods are detained, ordered for destruction or removal from circulation, and the infringer is held legally liable. The trademark holder may also seek civil compensation for market damage caused.
Ready to block counterfeits at the border?
We prepare and file your customs application with Kosovo Customs — from trademark registration to detaining suspected shipments.
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