International Brand Protection: Navigating Cross-Border Enforcement Challenges

Counterfeiting is a global problem that does not respect borders. Products manufactured in one country, sold through marketplaces in another, and shipped to consumers worldwide create complex enforcement challenges. For brands selling internationally, protection must extend beyond domestic markets to address counterfeits wherever they appear. This guide covers strategies for effective international brand protection.

The Global Counterfeit Landscape

International counterfeiting involves multiple jurisdictions:

• Manufacturing: Often in countries with lower enforcement (China, Southeast Asia)
• Distribution hubs: Free trade zones and transshipment points
• Sales platforms: Global marketplaces accessible from anywhere
• Consumers: Buyers in any country with internet access
• Shipping: Cross-border logistics that exploit jurisdictional gaps

Understanding supply chain vulnerabilities is critical for international protection.

International Trademark Strategy

Geographic Prioritization

Register trademarks strategically based on:

• Markets where you sell products
• Manufacturing locations (even if you do not sell there)
• Known counterfeit source countries
• Major transshipment points
• Planned expansion markets

Registration Systems

Leverage international registration mechanisms as outlined in our legal guide:

Madrid Protocol

• Single application covering multiple countries
• 130+ member countries
• Centralized renewal and management
• Cost-effective for multi-country registration

European Union Trade Mark (EUTM)

• Single registration covering all EU member states
• Cost-effective for European protection
• Unified enforcement across EU

National Registrations

• Required in non-Madrid countries
• May provide stronger protection than international filings
• Essential for major markets like China

China Trademark Registration

China is the most critical market for anti-counterfeiting:

• First-to-file system (register before counterfeiters do)
• Required for Alibaba/1688 enforcement
• Enables Chinese customs recordation
• Provides standing for legal action in China

Customs Enforcement

US Customs and Border Protection (CBP)

• Record trademarks and copyrights with CBP
• Free to record; provides import seizure authority
• CBP detains suspected counterfeits for verification
• You decide whether to pursue seizure and destruction

European Customs

• Application for Action (AFA) with customs authorities
• EU-wide or national applications available
• Customs detains suspected counterfeits
• Small consignment procedure for simplified destruction

Other Key Jurisdictions

• China Customs: Record with China Customs for export/import seizures
• UK Border Force: Post-Brexit separate registration
• Canada CBSA: Recordation with Canadian customs
• Australia Border Force: Notice of objection for IP protection

Working with Customs

Maximize customs enforcement effectiveness:

• Provide training materials on authentic vs. counterfeit products
• Share intelligence on expected counterfeit shipments
• Respond promptly to detention notifications
• Consider sample destruction authorization to speed processing

International Marketplace Enforcement

Global marketplaces require coordinated protection across regions. See our multi-channel protection guide for platform strategies.

Amazon Global

• Amazon.com (US), Amazon.co.uk, Amazon.de, Amazon.co.jp, etc.
• Brand Registry enrollment applies to specific marketplaces
• Enroll in each marketplace where you sell
• Enforcement processes vary by country

Regional Marketplaces

• Europe: Amazon EU, eBay Europe, Cdiscount, Otto
• Asia: Rakuten, Lazada, Shopee, JD.com
• Latin America: MercadoLibre, Amazon Mexico
• Middle East: Noon.com, Amazon.ae

Source Market Platforms

Address counterfeits at their origin with source market enforcement:

• Alibaba and 1688 (China)
• DHgate (China)
• Indiamart (India)

Cross-Border Enforcement Challenges

Jurisdictional Issues

• Seller in one country, consumer in another
• Different IP laws and enforcement mechanisms
• Choice of law and forum questions
• Difficulty enforcing judgments across borders

Language and Cultural Barriers

• Monitoring requires local language capability
• Legal processes in local languages
• Cultural differences in business practices
• Time zone challenges for coordination

Resource Allocation

• Protecting everywhere is expensive
• Prioritization decisions are necessary
• Balance broad coverage vs. deep enforcement
• Consider local representation or service providers

Building an International Protection Program

Prioritization Framework

Focus resources on highest-impact markets:

1. Tier 1: Major sales markets and key source countries
2. Tier 2: Secondary sales markets and transshipment hubs
3. Tier 3: Emerging markets and expansion targets

Local Representation

Build relationships with local experts:

• IP attorneys in key jurisdictions
• Investigation firms for evidence gathering
• Customs brokers familiar with IP enforcement
• Local brand protection service providers

Centralized Monitoring

Deploy AI-powered monitoring that covers:

• Multiple languages and markets
• Regional marketplaces and platforms
• Source market manufacturing listings
• Cross-border e-commerce sites

Legal Strategies by Region

North America

• Strong IP laws and court systems
• CBP customs enforcement
• Platform cooperation through formal programs
• Lanham Act and state law remedies

European Union

• Harmonized trademark law across EU
• Customs Application for Action
• Design rights for product appearance
• Country-specific enforcement traditions

China

• Administrative enforcement often faster than litigation
• Platform cooperation improving
• Customs recordation essential
• Local representation highly valuable

Rest of World

• Varying enforcement effectiveness
• Local expertise essential
• Focus on customs and platform enforcement
• Strategic use of resources

Technology for International Protection

Global Monitoring Platform

Essential capabilities include:

• Multi-language search and analysis
• Coverage of regional marketplaces
• Centralized case management
• Workflow for multi-jurisdiction enforcement

Reporting and Analytics

• Geographic counterfeit heatmaps
• Cross-border seller tracking
• Enforcement success rates by region
• ROI analysis by market

Measuring International Protection

Track these metrics across regions:

• Counterfeit detection by country/platform
• Takedown success rates by jurisdiction
• Customs seizures by port of entry
• Time to enforcement by region
• Investment vs. results by market

Common International Mistakes

• Ignoring source markets: Focusing only on consumer-facing platforms
• Delayed trademark filing: Losing rights to bad-faith filers
• No customs recordation: Missing border seizure opportunities
• Domestic-only focus: Counterfeits flow across borders
• Underestimating complexity: Each jurisdiction has unique requirements

Taking Action

International brand protection requires strategic planning, appropriate registration, and coordinated enforcement across jurisdictions. Start by mapping your risk profile across markets, prioritizing trademark registration, and building relationships with local experts in key jurisdictions.

BrandedOps provides global protection through our comprehensive platform. We monitor marketplaces worldwide, coordinate multi-jurisdiction enforcement, and provide visibility into cross-border counterfeit activity. Start your free brand audit to understand the international counterfeit landscape for your brand.