Customs recordal is a proactive enforcement mechanism that allows trademark owners to register their marks with Indian Customs authorities. Once recorded, Customs can monitor imports and exports for counterfeit or infringing goods and detain them at the border.
This system is governed by the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 under the Customs Act, 1962.
Why Customs Recordal Matters
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Prevents Counterfeit Imports: Stops infringing goods from entering Indian markets.
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Shifts Enforcement to the Border: Saves brand owners from chasing counterfeiters inside the country.
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Builds Deterrence: Traders and importers avoid using recorded marks unlawfully, knowing Customs may intervene.
How to Record a Trademark with Customs
Trademark owners must apply online via the IPR Recordation Portal of the Central Board of Indirect Taxes and Customs (CBIC).
Documents Required:
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Trademark Registration Certificate (valid and in force).
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Power of Attorney (if filed through an agent).
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Details of the Brand – including product categories, distinguishing features, packaging details.
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Information on Suspected Counterfeiting Channels (if available).
Once accepted, Customs issues a recordal number and circulates the details to border offices nationwide.
Duration of Recordal
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Valid for 5 years from the date of registration with Customs, or until the trademark registration itself expires—whichever is earlier.
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Can be renewed by filing a fresh request.
Procedure at the Border
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Customs officers inspect goods at ports/airports.
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If suspicious, they may detain the consignment and notify the trademark owner.
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The owner has to confirm infringement and take legal steps (usually within 10 working days).
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If confirmed, Customs can confiscate and destroy the infringing goods.
Limitations
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Recordal applies only to registered trademarks.
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Owners must actively cooperate—Customs will not independently pursue cases without brand-owner confirmation.
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Genuine goods under parallel imports (grey market goods) are usually not covered unless restricted by law.
Customs recordal is one of the most effective tools for fighting counterfeiting at the source—the border itself. By blocking infringing shipments before they reach Indian markets, brand owners not only save enforcement costs but also protect consumers and preserve brand reputation.
