Goods detained by customs as counterfeit: objecting to destruction

Goods detained by customs as counterfeit: objecting to destruction is filed with Agencia Tributaria, Sede electrónica (Aduanas: Retención de mercancía por vulneración de marcas, DB08). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your recurso (appeal) for you. What we charge you: €299. Official tasa (government fee): No official fee: customs charges nothing for filing an objection to destruction, and the price includes preparing, filing and following the file.

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If customs has detained your goods because a trade mark owner suspects they are counterfeit, you have 10 working days (3 if they are perishable) from the notification to object to their destruction; if you do not reply, customs may take it that you agree. We review the notification and your evidence, tell you whether it is worth objecting or accepting destruction and, if you object, prepare the written objection with the evidence that the goods are genuine and file it on your behalf with the Agencia Tributaria. We then follow the file until customs releases the goods or the trade mark owner goes to court.

What we charge you: €299
Managora's fee: €299.00 (21% VAT incl.)
Tasa (official government fee): No official fee: customs charges nothing for filing an objection to destruction, and the price includes preparing, filing and following the file.
Processing time: 10 working days from the date customs notified you of the detention or the suspension of release, or 3 working days if the goods are perishable. If within that period you neither object nor consent, customs may presume that you accept destruction. If you object, the trade mark owner has 10 working days (3 for perishable goods) to start court proceedings, counted from the date customs notified it of the detention; customs may extend them by up to a further 10 working days at the owner's duly justified request, except for perishable goods. If it does not start them, customs authorises release. For small consignments sent by post or courier, the owner has 10 working days from when customs informs it of your objection.
Where it is filed: Agencia Tributaria, Sede electrónica (Aduanas: Retención de mercancía por vulneración de marcas, DB08) ↗
What you receive: Recurso (administrative appeal)

Cost breakdown: Objection to destruction of detained goods 299 € (VAT included): review of the notification and your evidence, written objection filed on your behalf with the Agencia Tributaria and follow-up of the file. No official fee: objecting before customs has no official cost..

Goods detained by customs as counterfeit: objecting to destruction: how is it filed?

1Answer the questions (around 10 minutes) and upload the customs notification and your invoices. If the time limit to object has already run out, we tell you before you pay.
2Payment: 299 € (VAT included). When you instruct us you sign on the website the authorisation under which we represent you before the Agencia Tributaria.
3As soon as we receive your instructions we review the notification and your evidence, work out the last day of the time limit and tell you whether it is worth objecting or accepting destruction.
4If you decide to object, we draft the written objection with the evidence that the goods are genuine and file it on your behalf at the Agencia Tributaria electronic office within the time limit. We send you the filing receipt.
5We follow the file. If the trade mark owner does not go to court within its time limit, customs authorises release; the customs declaration to clear the goods is filed by you or your company, or by a registered customs representative.
6If the trade mark owner goes to court, with a civil claim or a criminal complaint, the goods remain detained while the proceedings last. If it is a civil claim, the Managora law firm defends you as a separate engagement, quoted to you in advance.

Which documents do you need?

•Customs notification of the detention or suspension of release of the goods.
•Invoice or purchase order for the goods and proof of payment.
•Evidence that the goods are genuine, if you have it: invoice from the manufacturer or an authorised distributor, licence or distribution agreement, certificates or photos of the product.
•Authorisation to represent you: you sign it on the website when you instruct us, and we use it to file the objection on your behalf.

Legal basis and things to bear in mind

Customs may destroy the goods without a court ruling when the trade mark owner confirms in writing that it believes there is an infringement and consents to destruction, and you consent too. If within 10 working days of the notification (3 for perishable goods) you neither consent nor object, customs may presume that you accept it (Regulation (EU) No 608/2013, art. 23.1).
If you object, customs informs the trade mark owner, which has 10 working days (3 for perishable goods) to start court proceedings, counted from the date customs notified it of the detention; at the owner's duly justified request, customs may extend that period by up to a further 10 working days, except for perishable goods. If it does not start them, customs authorises release once the customs formalities are completed (art. 23.3 to 23.5).
For small consignments sent by post or courier (3 units or fewer, or a gross weight under 2 kg) suspected of being counterfeit, if the trade mark owner asked for that procedure, customs may destroy them with your consent or your silence within 10 working days, without the trade mark owner having to confirm the infringement. Objecting in writing within that period is what prevents it; if you object, the trade mark owner has 10 working days from when customs informs it to start court proceedings (art. 26).
While the detention lasts, customs must give you the opportunity to inspect the goods and inform you of the quantity and nature of what has been detained, with images where appropriate (arts. 17.4 and 19.1). For small consignments sent by post or courier you keep the right to inspect them, but the duty to give you that information does not apply (art. 26.2).
If it is later established that the goods did not infringe the trade mark, the trade mark owner is liable for the damage the detention caused you (art. 28).
The acts of customs in this procedure can be challenged with a recurso de reposición (request for review) or a reclamación económico-administrativa (tax tribunal claim) within one month from the day after notification (AEAT procedure sheet DB08).

Goods detained by customs as counterfeit: objecting to destruction: frequently asked questions

Goods detained by customs as counterfeit: objecting to destruction: how much does it cost?

We charge you €299: our fee plus, where applicable, the fixed official tasa we advance. Objection to destruction of detained goods 299 € (VAT included): review of the notification and your evidence, written objection filed on your behalf with the Agencia Tributaria and follow-up of the file. No official fee: objecting before customs has no official cost.. Managora's fee is €299.00, 21% VAT included (€247.11 net + €51.89 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No official fee: customs charges nothing for filing an objection to destruction, and the price includes preparing, filing and following the file..

Goods detained by customs as counterfeit: objecting to destruction: how long does it take?

10 working days from the date customs notified you of the detention or the suspension of release, or 3 working days if the goods are perishable. If within that period you neither object nor consent, customs may presume that you accept destruction. If you object, the trade mark owner has 10 working days (3 for perishable goods) to start court proceedings, counted from the date customs notified it of the detention; customs may extend them by up to a further 10 working days at the owner's duly justified request, except for perishable goods. If it does not start them, customs authorises release. For small consignments sent by post or courier, the owner has 10 working days from when customs informs it of your objection.

Goods detained by customs as counterfeit: objecting to destruction: which documents do I need?

You need to have to hand: Customs notification of the detention or suspension of release of the goods., Invoice or purchase order for the goods and proof of payment., Evidence that the goods are genuine, if you have it: invoice from the manufacturer or an authorised distributor, licence or distribution agreement, certificates or photos of the product., Authorisation to represent you: you sign it on the website when you instruct us, and we use it to file the objection on your behalf.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Agencia Tributaria, Sede electrónica (Aduanas: Retención de mercancía por vulneración de marcas, DB08). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Agencia Tributaria, Sede electrónica (Aduanas: Retención de mercancía por vulneración de marcas, DB08) ↗.

Managora Gestion SL (company number B88823893) is a private company. We are not Agencia Tributaria, Sede electrónica (Aduanas: Retención de mercancía por vulneración de marcas, DB08), we are not affiliated with, authorised or endorsed by any public authority, and this website is not an official government portal. What you pay on this page is our fee for preparing, signing and filing the procedure on your behalf: it is separate from the official tasa, which where applicable belongs to the authority and is shown to you separately. You can carry out this procedure yourself, directly with Agencia Tributaria, Sede electrónica (Aduanas: Retención de mercancía por vulneración de marcas, DB08).

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