Effective trademark counterfeiting enforcement starts with registration: customs, online platforms and criminal courts act on the basis of a trade mark registered in the territory where the fakes are made, shipped or sold. A brand registered in Spain but not in Mexico, Brazil or Kenya will find most enforcement tools unavailable in those countries. This article sets out how the main tools work across Europe, Latin America and Africa, and what to register first.<\/p>\n
Counterfeiting means placing an identical or confusingly similar mark on goods without the owner’s consent. Every enforcement channel in the corridor is built on a registered right:<\/p>\n
The first step is therefore a registration map that covers where goods are manufactured, where they transit and where they are sold, not only where your own sales are.<\/p>\n
In the EU, the right holder files an application for action<\/strong> with customs: a national application for one Member State, or a Union application covering several Member States, which is available only for rights with effect throughout the Union, such as an EU trade mark (art. 4). The form asks for technical data on genuine goods, information to identify fakes and the authorised distributors (art. 6). A granted application lasts up to one year (art. 11) and can be extended on request (art. 12).<\/p>\n When customs detain suspect goods, the standard procedure in article 23 lets them be destroyed without a court ruling if the right holder confirms in writing, within 10 working days (three for perishable goods), that its right is infringed and agrees to destruction. The importer’s silence can be treated as consent. If the importer objects, the right holder must start proceedings within the same period or the goods are released. For small parcels, article 26 offers a simplified procedure if the right holder requested it in its application.<\/p>\n In Latin America the tools are national. Decision 486 lets the holder of a registration ask the authority to suspend an import or export (art. 250) and to take part in the inspection (art. 251). In Brazil, customs may seize goods bearing counterfeit marks of their own motion or on request (art. 198 of Law 9,279). In Mexico, IMPI may order the suspension of goods under any customs regime as a provisional measure (art. 344, section VI of the LFPPI<\/a>).<\/p>\n A growing share of fakes is sold through marketplaces and social media. The Spanish Patent and Trademark Office (OEPM) noted in its July 2026 bulletin<\/a> that influencers now promote counterfeit products on social networks.<\/p>\n In the EU, the Digital Services Act<\/a> (Regulation (EU) 2022\/2065) requires platforms to provide a mechanism for reporting illegal goods and requires marketplaces to verify and display sellers’ contact details. Organisations can be designated as trusted flaggers<\/a> by the national Digital Services Coordinator, and platforms must treat their notices as a priority. The platform still decides on each notice, so a well-documented notice that cites the registration matters.<\/p>\n In Mexico, IMPI may also order the suspension, blocking or removal of infringing content in any digital medium (art. 344, section VII LFPPI). Where fakes are sold through look-alike websites, a domain complaint may be faster than a platform notice; our domain name recovery team<\/a> can assess the UDRP route.<\/p>\n Criminal enforcement suits organised supply: factories, warehouses and wholesale distribution. In Spain, according to Interior Ministry figures reported by the OEPM in July 2026, police seized more than 7 million counterfeit items last year, valued at 694 million euros, and 1,429 people were arrested or investigated. Food and drink accounted for 26.5% of the goods seized, and 77.2% were found in warehouses, factories and storage units.<\/p>\nWhat can you do on online platforms?<\/h2>\n
When is the criminal route worth it?<\/h2>\n