News & insights

Customs Recordal: Alive and Kicking

July 4, 2014

Border measures are always a key tool in the fight against counterfeiting and piracy and a critical element of a successful intellectual property enforcement system. So in the scope of the continuous efforts to create competent border enforcement measures and to provide effective protection, the Customs in Morocco, Sudan, UAE, Tunisia and Cyprus have established a trademark recordation system for registered trademarks. This system will undoubtedly help Customs officials target, intercept, and confiscate shipments of infringing goods.

Pursuant to this recordation system, the owner of a trademark registration can apply to the Customs of the above-mentioned countries requesting recordation. The application should include certain information as required by the applicable policies and must be accompanied by the certificate of registration of the mark and a power of attorney. The Customs will then issue a recordation notice.

One fundamental premise of the recordation system (other than providing a central registry containing information for recorded trademarks) is that it allows Customs officials to adopt an ex-officio border system. An ex-officio system is different from the standard border system in which a judicial authority orders Customs to detain the infringing shipment after identifying the infringing goods. The key advantage of the ex-officio system is that it allows for prompt and proactive action by Customs officials thus avoiding the delays inherently involved in seeking judicial action. Customs officials are always on the look out for infringing goods and are thus able to act quickly to confiscate counterfeit and pirated merchandise.

It is worth noting here that the Morocco, Sudan, UAE, Tunisia and Cyprus are all members of the World Trade Organization (WTO). The WTO extends to agreements concerning not only the trade in goods and services but also to the trade-related aspects of intellectual property TRIPS. TRIPS, Part III, Section 4 describes the specific requirements for border measures in order to provide an enhanced and effective level of intellectual property protection.

Country

Filing Requirements

Recordal Period 

Morocco

 1- A petition duly executed on behalf of the rights holder.
2- An Undertaking, legalized, together with a notarized copy of the company’s General Assembly showing the name and position of the signatory.
3- A certified copy of the registration certificate of the trademark to be recorded.
4- Power of attorney duly executed, showing the identity and title of the signatory.
5- Actual samples of goods bearing the trademark involved or a leaflet / brochure allowing easy identification of the genuine products in comparison with the counterfeit products.
6- Any relevant information on the origin of the counterfeit goods if available.
7- A specification of the exact goods for which the mark is actually used, in order for the Customs to assign the adequate Harmonized System coding.

The recordal will be valid for 12 months, renewable for like periods.

Sudan

1- Power of attorney, legalized up to the Sudanese Consulate.
2- Certificate of Incorporation also legalized in the same manner as the Power.
3-Certified copy of the registration certificate of the trademark to be recorded.
4-Copy of the Import Certificate. Same is usually issued to the local agent/distributer by the Ministry of Economy and Trade.
5- Request form. 
6- An electronic presentation of the original product to aid the Customs officials in detecting counterfeit products and differentiating them from the originals.

Recordal is valid for one year, renewable for like periods.

Tunisia

 1- Power of attorney, simply signed. 
2- Certified copy of trademark registration certificate.
3- Photos and other information about the original products and counterfeiting products. 
4- Application Form.

Recordal is valid for one year, renewable for like periods.

UAE (Dubai, Sharjah, Ras Al Khaimah)

 1- Power of attorney notarized and legalized up to the UAE Consulate.
2- Certified copy of the registration certificate of the trademark to be recorded.
3- Filing request form. 
4- An electronic presentation of the original product to aid the Customs officials in detecting counterfeit products and differentiating them from original ones.

Recordal is valid for the trademark’s protection term, renewable for like periods.

Cyprus

1- Certified copy of the registration certificate of the trademark to be recorded.
2- Application Form
3- Photos and other information about the original products and counterfeiting products.

Recordal is valid for one year, enewable for like periods.

Algeria

1- Power of attorney signed under the company’s seal or letterhead and duly legalized before the Algerian Consulate.
2- Letter of commitment in French signed under the company’s seal or letterhead and duly legalized before the Algerian Consulate.
3- Copies of registration certificates.

Recordal is valid for the trademark’s protection term, renewable for like periods.

Turkey

1- Power of Attorney, notarized with an Apostille certification.
2- Certified copy of the registration certificate of the trademark to be recorded.
3- Application form. 
4- An electronic presentation of the original product to aid the Customs officials in detecting counterfeit products and differentiating them from original ones.

Recordal is valid for one year, renewable for like periods.

Saudi Arabia

 1-Power of Attorney, duly notarized and legalized up to the Saudi Consul.
2-Copy of a valid Saudi registration of the mark that will be recorded with the customs.

Recordal is valid for one year, renewable for like periods.

 Qatar  

 To be announced

 To be announced

Azerbaijan

 To be announced

 To be announced