Customs Register of IP for Right Holders: How Brand Protection Works at Customs

When it comes to protecting a brand from counterfeiting, most companies primarily think about marketplaces, complaints against sellers, and removing product listings. But it is often possible to protect a brand much earlier - even before the infringing product goes on sale.

Counterfeit goods can enter the country through imports and then spread through marketplaces, small shops, and other sales channels. That is why it is more effective to fight counterfeiting preventatively, trying to keep it away from distribution channels in the first place. One of the key tools for such protection is the Customs Register of Intellectual Property Objects (TROIS).

Let's examine how TROIS works, why rightsholders should include their trademark in it, and what real benefits it provides to businesses.

What is TROIS and how protection works

TROIS is a special register of intellectual property objects maintained by customs. If a trademark is included in the register and someone attempts to import goods marked with this trademark into Russia, customs authorities check the goods for potential intellectual property rights violations. If there is a suspicion that the goods may infringe on trademark rights, customs temporarily suspends the release of the goods and notifies the right holder.

At this stage, the right holder can check the origin of the goods and determine:

- whether the products are original;

- whether there is an import permit;

- whether there are signs of counterfeiting.

If a violation is confirmed, grounds for further legal action arise. Thus, TROIS effectively becomes an additional level of brand protection even before the goods enter the market.

In this way, TROIS is a mechanism that helps stop potential counterfeit and "gray" imports right at the border, before they appear in retail, including on marketplaces, markets, etc. For the right holder, this is especially important because the earlier a violation is identified, the lower the financial losses and damage to the brand as a whole.

What TROIS provides for business

TROIS is particularly in demand for protecting those categories of goods where the risk of counterfeiting is highest.

Most often, these are:

- fashion (clothing, footwear, accessories, and separately - premium brands);

- cosmetics;

- electronics;

- auto parts;

- consumer goods.

However, in practice, inclusion in TROIS is useful for almost any brand with a recognizable trademark and active sales, especially if the company faces price dumping, suspicious shipments, unauthorized sellers, or the regular detection of counterfeit goods.

Many perceive the register as a purely legal mechanism. But for business, its significance is broader, as it ensures the resolution of the following tasks:

1. Provides the opportunity to prevent the problem at early stages

It is easier and cheaper to prevent counterfeit goods from entering the market than to later search for and remove disputed items from marketplaces. Once a product is already on sale, the brand begins to suffer real losses: reputation deteriorates, including due to negative reviews about product quality, the workload on the legal team increases, etc.;

2. Reduces the risk of counterfeit goods appearing for sale

Some of the counterfeit goods that might otherwise have appeared for sale, for example, on Wildberries or Ozon, can be stopped at the stage of importation into the country. This is particularly important for companies actively operating in e-commerce;

3. Strengthens the position of the right holder

Including a trademark in TROIS shows that the company takes a systematic approach to protecting its intellectual property. In some cases, this helps right holders respond to violations more quickly and strengthens their position in disputes.

How to include a trademark in the TROIS

The procedure requires preparation but is usually not overly complex. The right holder must file an application to include the trademark in the register, as well as provide information and documents necessary for monitoring the circulation of the disputed products. In particular:

- the name and description of the trademark;

- documents confirming the registration of the trademark in accordance with the legislation of the Russian Federation or international treaties of the Russian Federation;

- information on agreements for the assignment of the exclusive right to the trademark, if the exclusive rights were acquired under such an agreement, or information on the transfer of the exclusive right without an agreement;

- information about official suppliers and the documents on the basis of which they use the trademark (under a license agreement, a commercial concession agreement, etc.);

- a description of the original products and signs of potential counterfeit goods.

It is important for customs authorities to understand how to distinguish original goods and identify potential violations. The better the materials are prepared, the more effective the protection will be in the future.

We should specifically note a common mistake—perceiving the TROIS (Customs Register of Intellectual Property Objects) as a substitute for other methods of protection, since even including a trademark in the register does not eliminate the risk of violations.

This is because a significant portion of violations occurs within marketplaces: sellers simply use the trademark without permission, copy product listings, or sell questionable products. Therefore, the most effective approach is usually formed through a combination of tools: customs protection, monitoring of sales channels, legal recording of violations, and handling complaints.

For example, such a protection system can be built using the ZIPDetect solution, which helps brands automatically monitor platforms and identify violations, as well as handle complaints and provide legal support for problematic cases.

Conclusion

TROIS is one of the most underrated intellectual property protection tools. It allows for the fight against counterfeiting not when the goods are already being sold, but at the stage of importation into the country. This gives right holders the opportunity to preemptively identify risks, eliminate or reduce damage, and strengthen control over brand use.

However, TROIS provides the maximum effect when it becomes part of a comprehensive protection strategy—along with monitoring, constant control of violations, and legal work.