CUSTOMS SURVEILLANCE FOR INTELLECTUAL PROPERTY PROTECTION IN VIETNAM: SAFEGUARD YOUR BRAND IN INTERNATIONAL TRADE

As a law firm specializing in trademarks and intellectual property (IP) rights, we understand the critical role that customs surveillance plays in protecting brands from counterfeit and unauthorized goods. In Vietnam’s dynamic trade environment, businesses face the constant risk of IP infringement through counterfeit imports and exports. Effective customs surveillance is key to protecting your brand integrity, preserving market reputation, and preventing financial loss.

Why Customs Surveillance Matters for IP Protection

Counterfeit goods not only impact brand revenue but also erode consumer trust and undermine years of branding effort. In Vietnam, customs authorities are equipped to help detect and prevent the importation of counterfeit goods if IP rights holders actively work with them. Implementing a robust customs surveillance strategy ensures that counterfeit products are intercepted at borders, allowing companies to maintain control over their trademarks and prevent unauthorized distribution.

Benefits of Legal Expertise in Customs Surveillance

1. Registration with Customs for Brand Protection: Registering your trademark with customs is a proactive approach to combatting IP infringement. Our legal team guides you through the registration process, ensuring your brand is listed and protected in Vietnam’s customs systems for ongoing monitoring.
2. Market and Border Monitoring: We provide specialized support to monitor both domestic and border markets, identifying potential IP violations before they enter or leave the country. This preemptive approach saves brands from costly legal battles and financial losses.
3. Swift Enforcement and Infringement Action: Our IP experts coordinate with customs officials to initiate enforcement actions promptly when counterfeit goods are detected. We handle the process of seizing and destroying infringing products, ensuring quick resolution.
4. Dispute Resolution: When IP infringement disputes arise, our team of trademark and IP lawyers is equipped to negotiate and represent your brand’s interests, whether through mediation or legal proceedings, ensuring that your IP rights are upheld.
5. Educating and Advising on Compliance: Vietnamese customs regulations and IP laws can be complex. Our legal support includes educating businesses on best practices for compliance and advising on strategies to strengthen brand protection in Vietnam.

Steps for Filing a Customs Surveillance Application for IP Protection in Vietnam

Setting up customs surveillance in Vietnam to protect your intellectual property rights, particularly trademarks, involves several detailed steps. By working closely with Vietnamese customs authorities, businesses can ensure that their trademarks are actively monitored to prevent counterfeit or unauthorized imports. Below are the primary steps in the process of filing a customs surveillance application.

Step 1: Trademark Registration with the National Office of Intellectual Property (NOIP)

Before initiating customs surveillance, ensure that your trademark is registered with Vietnam’s National Office of Intellectual Property (NOIP). Only registered trademarks can be protected through customs monitoring. This registration provides the legal foundation for customs authorities to act on behalf of your brand.

Step 2: Gather Documentation and Submit the Application to the General Department of Vietnam Customs

To file for customs surveillance, you must prepare a comprehensive set of documents and submit to the General Department of Vietnam Customs. This application typically includes:

• A formal request letter to customs authorities for brand surveillance.
• A copy of the trademark registration certificate issued by NOIP.
• Description of goods infringing intellectual property rights: Any prior cases of counterfeits, including product samples, photos, or other supporting documents, can be helpful to guide customs surveillance.
• Photos: Images of the authentic products to help customs differentiate genuine items from fakes.
• Characteristics of distinguishing genuine goods from goods infringing on intellectual property rights: Information about your brand, including logos, specific color schemes, and other distinguishing features that can help customs identify counterfeit products.
• List of legal goods importer(s) and/or export(s).
• List of importer(s) and/or export(s) suspected of infringing intellectual property rights.
• Power of Attorney.
• Receipt of payment.

Step 3: Review and Approval by Customs Authorities

Once submitted, customs authorities will review the application and may request additional information or clarification. Upon approval, your trademark will be officially listed in the customs surveillance system, allowing for active monitoring at points of entry and exit in Vietnam.

Step 4: Monitoring and Enforcement

With your trademark registered for surveillance, customs officials will actively monitor shipments for counterfeit products. When suspicious goods are detected, they will notify your company or legal representative to take enforcement actions. In this stage, you may work with customs to pursue legal measures, such as seizing and destroying counterfeit items.

Step 5: Renewal and Updates to the Customs Surveillance Registration

Customs surveillance registration in Vietnam typically lasts for a specific period, after which it must be renewed. Additionally, if there are changes to your trademark or new examples of infringement arise, you should update the customs registration to ensure continued protection.

How We Can Help Your Business

Our law firm specializes in intellectual property and trademark protection, offering tailored legal solutions that integrate customs surveillance into your IP strategy. From the initial filing process to working with customs on enforcement actions, we provide end-to-end support to safeguard your brand at all trade borders, ensuring that counterfeit goods do not undermine your hard-earned brand value.

Contact us to learn more about how we can help you with customs surveillance and intellectual property protection in Vietnam.

📧 Email: ip@anlis.vn

📞 Phone: +84 899 88 6060         Mobile/Viber/Whatsapp: +84-366 469 436

🌐 Website: https://anlis.vn/