Border Force found my brand's counterfeits: what now?
Check the notice immediately, assess the detained goods and tell Border Force whether they infringe your rights and whether you agree to destruction. If the importer objects, prepare proceedings evidence before the notice period ends. Supplier records in China can be gathered by Cambridge China Bridge.
Record the notification and response deadline
With an existing Application for Action, HMRC guidance gives you 3 working days to reply for perishable goods and 10 working days for non-perishable goods. For non-perishable goods, you can request up to 10 more working days to start court proceedings. Ask the officer to confirm the exact deadline and any agreed extension in writing.
Save the notice, attachments and receipt details. Appoint someone to manage the response and contact your UK intellectual property solicitor promptly. This guide covers the brand owner's response; our importer detention guide explains the other side of the case.
Assess the goods before confirming infringement
You must confirm whether you think the goods infringe your rights and whether you agree to destruction. Border Force gives both the rights holder and importer an opportunity to inspect the goods. Ask the officer how to arrange inspection and obtain useful photographs without losing time.
Prepare a comparison file showing the detained models, labels, packaging and disputed features alongside genuine examples. Check authorised production and distribution records; explain which evidence supports your conclusion and which remains uncertain. Our counterfeit purchasing guide covers authorisation checks. Cambridge China Bridge's own staff in China can help request factory records.
Give a clear destruction decision
Ask Border Force to confirm the destruction procedure for goods you consider to infringe rights covered by your application, including how the importer or owner's agreement or failure to respond within the notification period affects the next steps.
Send a clear response identifying the case, affected goods, infringement assessment and destruction decision. Preserve the submitted evidence and ask for acknowledgement. If the evidence does not support your initial suspicion, tell your solicitor and the officer promptly rather than submitting an unsupported confirmation.
Act immediately if the importer objects
If the importer or owner objects to destruction, you have until the end of the notice period to show that proceedings have started to prove infringement. HMRC says Border Force will release the goods if you fail to do this.
Ask your solicitor to prepare the case before an objection arrives. Agree who will submit evidence of proceedings and obtain confirmation of receipt. Keep factory enquiries running alongside this work; do not wait for the supplier to answer before dealing with the notice deadline.
Respond when no application already exists
Border Force may contact you about suspected infringement without an existing Application for Action. If you want destruction, HMRC says you must submit an application within 4 working days. This emergency application is unavailable for perishable goods; without an application, Border Force will release the goods.
Ask the officer to confirm the application route and exact deadline immediately. Prepare your rights details and product comparison evidence while your solicitor reviews the response. Use protecting your IP and tooling for wider sourcing precautions, then retain this incident file for future supplier and product checks.
Frequently asked questions
How quickly must a brand owner reply to Border Force?
HMRC gives 3 working days for perishable goods and 10 working days for non-perishable goods under an existing application. Confirm the exact deadline with the officer immediately.
Can I inspect suspected counterfeits before deciding?
Yes. Border Force gives the rights holder and importer an opportunity to inspect the goods. Ask the officer to arrange access and prepare genuine examples for comparison.
What if the importer objects to destruction?
Show that infringement proceedings have started before the notice period ends. HMRC says Border Force will release the goods if you fail to do so. Contact your solicitor promptly.
Can I act without an existing Application for Action?
If Border Force contacts you and you want destruction, submit an application within 4 working days. This emergency route is unavailable for perishable goods. Confirm the deadline with the officer.