A customs application for action in the EU is a free request, filed electronically, asking customs to detain goods suspected of infringing your trade marks, designs, patents or copyright. Under Regulation (EU) No 608/2013, a Union application granted in one Member State takes effect in every other Member State you list, for up to a year at a time. For a Latin American or African brand exporting to Europe, it is one of the most cost-effective enforcement steps available, provided the rights and the product data behind it are in order.
Key takeaways
- Customs charge no fee to process an application or its extension (Articles 8 and 12).
- A Union application requires an EU-wide right, such as an EU trade mark or registered Community design; national marks support only national applications.
- Since 3 October 2024, applications must be filed electronically, mainly through the EUIPO’s IP Enforcement Portal.
- Customs decide within 30 working days, and a granted decision lasts up to one year, renewable.
- After a detention you have 10 working days (3 for perishable goods) to confirm infringement and agree to destruction or start proceedings.
What is a customs application for action in the EU?
Article 2 of Regulation (EU) No 608/2013 defines an application as a request to the competent customs department to act on goods suspected of infringing an intellectual property right. It covers trade marks, designs, copyright and related rights, geographical indications, patents, supplementary protection certificates, plant variety rights, semiconductor topographies, utility models and protected trade names. There are two types:
| National application | Union application | |
|---|---|---|
| Where it applies | The Member State where it is filed | The Member State of filing and every other Member State indicated |
| Rights it can rely on | National and EU rights protected in that State | Only rights based on EU law with effect throughout the Union (Article 4) |
| Who can file | Right holders, collective management and professional defence bodies, and formally authorised users of the right | Right holders, those bodies, and exclusive licensees covering two or more Member States (Article 3) |
| Translations | Not usually needed | The holder pays any translation the other customs authorities require (Article 29(3)) |
Only one national and one Union application may be filed per Member State for the same right, except for exclusive licensees (Article 5(4)).
How to file a customs application for action step by step
The European Commission’s guidance states that, from 3 October 2024, all applications must be submitted electronically: through the IP Enforcement Portal (IPEP) for the EU’s COPIS system, or through the national portals of Germany and Spain. The portal is run by the EUIPO and is free to use. Applicants need an EORI number (the EU customs identification number for economic operators) and the appropriate access profile.
- Confirm the rights. Check that each mark or design is registered, in force, held in the applicant’s name and covers the goods concerned. For a Union application, list only EU-wide rights.
- Set up access. Register on the portal, obtain or confirm the EORI number and, if a representative files, prepare evidence of its powers (Article 6(3)(d)).
- Complete the form. The data required by Article 6(3) include the rights to be enforced, the Member States requested, technical data on the authentic goods, how to identify suspect goods and risk information such as authorised distributors.
- Sign the undertakings. You accept to notify changes, keep risk information updated, assume liability under Article 28 and bear the costs under Article 29.
- Opt in to the small consignments procedure if you want faster destruction of fakes sent by post or courier (Article 26).
- Answer requests. If information is missing, customs give you 10 working days to supply it, or reject the application (Article 7).
Customs notify their decision within 30 working days (Article 9). A Union decision takes effect in the other Member States the day after their customs are notified, once any translation costs are paid (Article 10).
How long does it last and how is it renewed?
The decision sets the period of action, which may not exceed one year from the day after adoption (Article 11). Extensions are also free and last up to one year each, but customs may refuse a request received less than 30 working days before expiry, and any debt owed to customs must be settled first (Article 12). New rights can be added during the period (Article 13), and you must notify customs at once if a right lapses or your data change (Article 15). Failing to do so, misusing information or not starting proceedings without valid reason can lead to customs suspending action (Article 16).
What happens when customs detain goods?
| Stage | What happens | Time limit |
|---|---|---|
| Notification | Customs notify the declarant or holder of the goods, and then you, with quantity, nature and images | Within 1 working day of detention (Art. 17) |
| Inspection | You may inspect the goods and receive samples for analysis | Samples returned before release (Art. 19) |
| Destruction route | You confirm in writing the infringement and your agreement to destruction; the declarant agrees or stays silent | 10 working days, or 3 for perishable goods (Art. 23(1)) |
| Proceedings route | If the declarant objects, you start proceedings to determine infringement | 10 working days, extendable by up to 10 more on justified request (Art. 23(3)-(4)) |
| Early release | For designs, patents and similar rights, the declarant may obtain release against a guarantee | Only if no precautionary measures were granted (Art. 24) |
If you miss these deadlines, the goods are released. Information received from customs may only be used for the purposes listed in Article 21, such as proceedings, criminal complaints or compensation claims.
Why it matters for Latin American and African brands exporting to the EU
The application costs nothing in official fees and, as a Union application, one filing reaches every Member State you choose. The condition is an EU-wide right: a brand protected only in its home market or in a few EU countries needs an EU trade mark, or an international registration designating the EU, to file a Union application. In practice, the order is clear: secure the EU registration first, then the customs application, then train customs with good product guides.
Spanish companies can also file through the Spanish Tax Agency’s electronic office, which lists the procedure with a 30-working-day resolution period and the forms of Implementing Regulation (EU) No 1352/2013.
What this means for your business
- Audit which of your marks and designs are EU-wide and which are national, and close gaps before filing.
- Prepare a product guide per product line: genuine markings, packaging, serial logic, authorised factories and distributors.
- Name contacts who can answer customs within the 10-working-day window, in the languages of the main entry points.
- Diary the renewal at least 30 working days before expiry.
- Decide in advance whether you will agree to destruction or litigate, and budget storage and destruction costs.
If you would rather have this run for you, our team for customs enforcement and anti-counterfeiting in the EU prepares the application and handles detentions, and our trade mark registration team can secure the EU rights it needs.
Where companies get the application wrong
- Filing a Union application on national rights. Only EU-wide rights qualify; national marks need national applications.
- Thin product data. An application that only lists trade mark numbers gives customs little to detect fakes with.
- Letting the decision lapse by requesting the extension too late.
- Missing post-detention deadlines, so seized goods return to the market.
- Forgetting the costs and liability undertakings, which apply when customs ask for reimbursement or the goods turn out to be genuine.
Frequently asked questions
How much does a customs application for action cost in the EU?
Customs charge no fee to process an application or its extension under Articles 8 and 12 of Regulation (EU) No 608/2013. The holder does undertake to reimburse costs customs request, such as storage and destruction of detained goods, and to pay translations for a Union application. Professional fees for preparing it are separate.
Can a company outside the EU file a Union application for action?
Yes, if it holds a right with effect throughout the Union, such as an EU trade mark, and meets the electronic filing requirements, including an EORI number. A representative may file on its behalf with evidence of its powers. Rights registered only nationally support national applications in the relevant Member State.
What happens if customs detain goods without an application?
Customs may detain suspect goods on their own initiative, except perishable goods, and notify anyone entitled to file. The right holder then has four working days to submit a national application, or the goods are released. Without product data on file, those days are often not enough.
Can IP Global Guard file and manage our customs applications?
Yes. We prepare and coordinate national and Union applications, product guides, renewals and responses to detentions, acting directly where our professionals are entitled and through qualified representatives otherwise. We align customs coverage with your trade mark portfolio in Europe, Latin America and Africa from a single point of contact.
How IP Global Guard can put your brand on the customs radar
An application for action is free, but it only works with the right registrations, solid product data and someone ready to respond within days. IP Global Guard, the IP services line of META Channel Corporation Limited, handles all three with one strategy and one billing relationship across more than 25 jurisdictions; see our coverage in Europe, Latin America and Africa.
Send us your list of EU and national registrations and the products most exposed to copies. We will tell you which applications to file and prepare them. Ask our team to file your customs application.
This article is general information, not legal advice, and does not replace an assessment of your specific case.
Sources
- Regulation (EU) No 608/2013 concerning customs enforcement of intellectual property rights (12 June 2013), as adopted
- European Commission, Defend your rights: application for action (electronic filing mandatory from 3 October 2024)
- INPI Portugal, Defend your rights against infringements: the EUIPO IP Enforcement Portal (3 March 2020)
- Spanish Tax Agency (AEAT), procedure DB07, application for customs intervention (trade marks)
