November 6, 2025 ©️ Copyright – Goldkeen International Property Office

1. What is “Trademark Policing” in Taiwan Customs?

“Trademark Policing” refers to a mechanism allowing trademark owners to submit trademark data to Taiwan Customs to prevent infringement through imports or exports. Though often called “customs recordation,” the formal term used in Taiwan is “trademark policing”.

According to Article 2 of the Regulations Governing Customs Measures in Protecting Trademark Rights:

  1. Trademark owners may apply for trademark policing if they believe imports/exports may infringe their rights.

  2. Customs will record this data in the IP Rights Database for enforcement purposes.

✅ When suspicious goods are found, Customs can notify trademark holders in real-time for authentication and evidence submission, strengthening border protection.

2. Who Can Apply & How Long Is Protection Valid?

  • Eligible Applicants: Trademark owners or exclusive licensees (authorized agents may file with a power of attorney). Foreign entities without a local address must appoint a Taiwan-based agent.

  • Duration: From approval date to the end of the trademark’s validity period.
    🔄 Upon renewal, Customs record data should be updated proactively.

3. Required Documents for Filing

Each trademark registration number requires a separate submission with:

  1. Photos of authentic products with descriptive notes (e.g., logos, packaging, serial numbers, anti-counterfeit features).

  2. Proof of ownership (e.g., registration certificate or e-certificate).

  3. Comparison of genuine vs. counterfeit features or clear points of differentiation.

  4. Contact details: Name, phone, email of the rights holder or agent.

  5. Power of attorney (in Chinese), specifying the Taiwan agent’s name, scope, and duration.

4. Online Application Procedure

  • Visit the Trade-Van Single Window

  • Go to: Easy Filing → Intellectual Property → Trademark Policing

  • Upload all required documents and submit for review.

5. What Happens After Customs Notifies You?

If Customs detects possible infringement, both the trademark owner and the importer/exporter will be notified.

⏱ Key Time Limits:

  • Trademark Owner:

    • Air export → respond within 4 hours

    • Air/sea import/export → respond within 24 hours

    • Submit evidence within 3 working days (1 extension allowed)

  • Importer/Exporter:

    • Submit non-infringement proof within 3 working days (1 extension allowed)

📞 Customs may notify parties via phone, email, fax, or written notice.

6. If Seizure Is Requested: Bond & Litigation

  • To request seizure, the rights holder must provide a bond (equal to CIF or duty-paid value).

  • Customs will seize the goods and notify both parties.

  • The trademark owner must file a lawsuit within 12 days (extendable once).
    ❗ Failure to do so → Customs will cancel the seizure and release the goods.

  • Customs may release samples and provide importer/exporter data for legal proceedings.

7. Trademark, Copyright, Patent – Customs Comparison

IP Right Policing Available? Duration Notes
Trademark ✅ Yes Matches trademark validity Eligible for seizure, strict deadlines apply
Copyright ✅ Yes (non-specific goods) 1 year (renewable) Special form and guidelines required
Patent ❌ No — Not accepted by Customs. Court order required

8. Frequently Asked Questions (FAQ)

Q1: Will Customs inspect every shipment?

No. Inspections are case-based and usually triggered by discrepancies or suspicious patterns.

Q2: What happens if infringement is suspected?

Both parties are notified.

  • Trademark owner must respond in 4–24 hrs (depending on shipment type), and submit evidence in 3 days.

  • Importer/exporter has 3 days to submit non-infringement proof.

Q3: Which products are most suitable for recordation?

Any product you believe is at risk. No specific categories are required.

Q4: Do infringing goods need to exist before filing?

No. Customs needs product data and contact points — not pre-existing counterfeits.

Q5: Can exclusive licensees file?

Yes. Under Article 39 of Taiwan's Trademark Act, registered exclusive licensees can act independently unless otherwise agreed in the license contract.

Q6: Are there official government fees?

No. Online filing is free. If filed via agency, service fees apply.

Q7: Does it expire? Do I need to refile after trademark renewal?

The record is valid as long as the trademark is active. Renewal requires updating Customs records to avoid outdated info.

Q8: Is litigation required after seizure?

Yes. Trademark owners must sue within 12 days or the seizure will be lifted.

Ready to File for Taiwan Customs Trademark Protection?

Need to assess whether to request seizure, calculate bond amounts, or handle multi-port imports via eCommerce?

📩 Contact Goldkeen today for guidance on brand protection at the border!

📚 Legal References:

  • Regulations Governing Customs Measures for Trademark Protection (law.moj.gov.tw)

  • Customs FAQ & Application Portal (web.customs.gov.tw)

  • Trademark Seizure Guidelines (12-day litigation rules)

  • Copyright Policing Reference Page

  • Keelung Customs clarification: patents require court order

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