Australian trade mark owners can stop counterfeit goods before they enter the market by filing a Notice of Objection with Australian Border Force, allowing infringing imports to be seized and destroyed at the border.
If you own a registered trade mark (or are an authorised user), you’re not powerless against importers sneaking in counterfeit or infringing products — you can hit them where it counts: at the border.
How it works
- File an Australian Border Force (ABF) Notice of Objection, linked to your registered trade mark.
- Once accepted, ABF can seize imported goods that are “substantially identical or deceptively similar” to your trade mark — before they hit the market.
Key details
- Notice must relate to a current trade mark registration — pending or expired trade marks don’t qualify.
- A Notice remains valid for 4 years and can be renewed if needed.
- If the importer tries to release seized goods, they must make a claim — then you have 10 working days to decide whether to challenge it or let them go.
- If you challenge and win, the infringing goods can be destroyed — forcing costly consequences for counterfeiters.
Why it’s worth it
- It’s a relatively simple, low-friction step that can shut down infringing imports before they hit your customers.
- It sends a clear signal: you’re serious about protecting your brand. That alone can deter potential copycats.
Quick Take for Business Owners
If you own a registered trade mark and import goods (or fear someone might import knockoffs under your name), filing an ABF Notice of Objection is one of the most effective ways to stop infringers before they hit shelves. It’s affordable, proactive, and could save you headaches — and brand damage — down the line.
Need help figuring out whether your trade mark qualifies or want someone to manage the filing? Bolter can walk you through the process and help enforce your IP rights in a way that’s practical, effective and tailored to your business.