Stopping Counterfeits at Japanese Customs: How to File an Import Suspension Application (2026)

"Fakes of our products are being shipped to Japanese consumers straight from overseas." "Can Japan Customs stop them before they reach the market?"

Yes — if you have the right tools in place. Japan Customs can stop goods that infringe intellectual property rights at the border, and right holders can ask Customs to watch for infringing goods by filing an application for suspension of import (yunyu sashitome moshitate). Since October 2022, Customs can also confiscate trademark- and design-infringing goods that overseas businesses send to private individuals in Japan.

In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains how the system works, what you need to prepare, and what happens when suspected fakes are found.

*Based on information published by Japan Customs, checked in November 2026.

What Japan Customs can stop: trademarks, designs, patents and more

Under the Japanese Customs Act, goods that infringe intellectual property rights may not be imported. The rights covered include patents, utility models, designs, trademarks, copyrights, neighbouring rights and plant breeders' rights, and for imports also circuit layout rights. Certain goods violating the Unfair Competition Prevention Act are also covered, in which case an opinion from the Minister of Economy, Trade and Industry is required.

In practice, most suspended goods are counterfeits bearing a brand logo (trademark infringement), but products copying a registered design and products using patented technology can also be stopped.

The import suspension application in brief

An import suspension application asks Customs to start the recognition procedure whenever goods suspected of infringing your rights are found. Once accepted, it is used by customs offices throughout Japan.

This last point is critical for foreign brands. Your Chinese, Korean or US registration does not count — you need a trademark or design registered in Japan. If you do not yet have one, filing in Japan is the first step.

Four requirements for acceptance

• The applicant is the right holder (or another eligible person).
• The right has a valid basis.
• Infringement exists, including goods expected to be imported.
• The infringement can be verified.

Customs also stresses that it cannot suspend goods if officers cannot tell genuine products from fakes. That is why identification materials matter so much.

Documents and identification points

For a trademark-based application, the Customs application form asks mainly for the following attachments (all in Japanese, so translations of your materials are needed):

A court judgment, provisional injunction, JPO advisory opinion (hantei) or expert opinion can replace the evidence of infringement. The requested period must be 4 years or less, and Customs notes that any period for which the registration fee has not been paid will not be accepted — relevant if you paid only the first 5-year instalment of a trademark registration fee.

How to prepare good identification points

• Put photos of genuine and fake products side by side and mark the differences.
• Focus on differences visible from outside: logo shape, tags and labels, stitching, packaging print, serial numbers.
• Add trade-related clues if you have them, such as where genuine goods are made and your authorised import routes into Japan.
• Update the materials whenever you change your product or packaging.

When suspected goods are found: the recognition procedure

When an inspection finds goods suspected of infringement, Customs starts a recognition procedure (nintei tetsuzuki) to decide whether they are infringing goods.

• 1. Notice: both the right holder and the importer are notified. The right holder is told the names and addresses of the importer and the consignor.
• 2. Evidence and opinions: both sides may submit evidence and opinions by the stated deadline. The right holder can inspect the goods or receive images by email.
• 3. Sample examination: for goods covered by a suspension application, the right holder can ask to examine samples if the requirements are met and security is deposited (imports only).
• 4. Decision: Customs aims to decide within about one month.
• 5. Result: if the goods are not infringing, import is permitted. If they are infringing and the importer does not dispose of them voluntarily, Customs confiscates and destroys them after the 3-month period for appeal.

For goods covered by a suspension application, there is also a simplified procedure when the importer does not contest. The importer must state in writing within 10 business days of the notice that the goods do not infringe; otherwise Customs decides based on your application and its attachments. Thorough materials at the application stage therefore lead to faster results.

Because Customs communicates in Japanese and deadlines are short, foreign right holders usually appoint a Japanese representative to receive notices and respond quickly.

Since October 2022: fakes sent to individuals can be confiscated

This matters for brands whose products are faked and sold through overseas online shops that ship directly to Japanese consumers. Small parcels addressed to individuals can now be stopped too. Note that this change covers trademarks and designs only — not patents or copyright.

Combine border measures with other actions

Customs is powerful, but it cannot stop fakes that are already inside Japan or shipped from Japanese warehouses. Combine the import suspension application with marketplace infringement reports, warning letters to identifiable sellers, and additional registrations — for example a word mark as well as your logo, or a design registration for a distinctive product shape — depending on how your products are being copied.

Checklist before you apply

• Japanese registration: your trademark or design must be registered in Japan.
• Scope: the fakes must fall within your designated goods (or, for designs, the registered article).
• Samples: test-purchased fakes help a lot in preparing identification points.
• Quick response: make sure someone can provide evidence and opinions within the short deadlines.
• Licensees: if a Japanese distributor will be involved, decide whether the owner or a registered exclusive licensee will be the applicant.

If you need a Japanese trademark first: official JPO fees are JPY 3,400 + JPY 8,600 per class at filing and JPY 32,900 per class at registration (10 years); BrandAgent's fees are JPY 25,000 per class at filing and JPY 25,000 per class at registration (excluding Japanese consumption tax), with a free prior search when you instruct us to file. For the customs application itself, the work depends on the case — ask us for a free quote.

FAQ

• Q. Does Japan Customs charge a fee for the application?
  A. No. Attorney fees, translations and any security for sample examination may be needed separately.
• Q. Can we apply with our Chinese trademark or a pending Japanese application?
  A. No. You need a right registered in Japan.
• Q. Can our Japanese distributor apply?
  A. Only if it is an eligible person such as a registered exclusive licensee. Otherwise the brand owner applies.
• Q. How long does the application stay in force?
  A. Up to 4 years, and it can be renewed.
• Q. Can you handle the Japanese communication with Customs?
  A. Yes. We have handled more than 4,000 applications, and every case is handled personally by a licensed Japanese patent attorney, in English or Chinese.

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