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How do I import trademarked goods?

I want to import Disney products into Australia. Do I have to get permission from Disney first? What else should I be aware of?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 19-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Malvern 3144 VIC

  • Products for many brand names or trademarks such as Disney are produced under licence and distributed under licence. If you do not have a licence to distribute those products in Australia you may be infringing the rights of the owner of the trademark or copyright if you import them.
  • Customs may seize goods that infringe certain copyrights or registered trademarks if there there is a ‘notice of objection’ in place.
  • You can check the following link to see if there is a current notice of objection in place for the goods you are importing: http://www.customs.gov.au/webdata/miniSites/ipData/.
  • If the goods are seized you will be notified in writing and will have ten working days to ask for the release of the goods
  • The owner of the trademark/copyright will also be notified and will have ten working days to commence legal action against you.
  • You can choose to give up (surrender) the goods to Customs at any time before the commencement of legal action.

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