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Customs Register of Intellectual Property Objects (TROIS): Brand Protection at the Border

What is TROIS?

The Customs Register of Intellectual Property Objects (TROIS) is a tool for protecting the rights of rights holders against the illegal import of counterfeit products into the Russian Federation. Inclusion of a brand in the register allows customs authorities to identify and detain goods that infringe on trademarks, patents, and other intellectual property rights.

Who Needs TROIS?

TROIS is critically important for:

• International and Russian companies whose products are being counterfeited

• Trademark owners concerned about illegal imports of counterfeit goods

• Manufacturers seeking to protect their reputation and product quality

• Distributors and official brand representatives

Why Register Your Trademark with TROIS?

Registration with TROIS provides rights holders with the following advantages:

• Automatic border control: customs authorities monitor the import of products bearing a trademark listed in the register

• Detention of suspect goods: customs officials suspend the release of suspect goods and notify the right holder

• Reduction of counterfeit volumes: minimizing the risk of counterfeit goods entering the market

• Simplified protection procedure: no need to prove infringement in court for initial detention

• Financial benefit: prevention of losses from competition with counterfeit products

How Does TROIS Protection Work?

1. Border Control: customs authorities check imported goods and compare them with TROIS data
2. Detention of Suspicious Shipments: if customs officers have doubts, the goods are detained, and the rightholder is notified
3. Situation Assessment: the rightholder may confirm the infringement and initiate legal proceedings or authorize the import

What Intellectual Property Objects Can Be Included in TROIS?

The IP rights holder can register in the TROIS register the following IP objects:

• Trademarks

• Geographical indications

• Copyrighted works, if their use is subject to customs control

• Patents, utility models, industrial designs

Correlation of registration of the trademark with Rospatent and TROIS registration

Trademark registration with Rospatent and inclusion in TROIS Register are two independent processes. There is no automatic inclusion in TROIS. To protect a brand at the border, a separate application must be submitted to the Federal Customs Service of the Russian Federation (the “FCS”). Even if a trademark is registered with Rospatent, customs authorities will not monitor it unless it is included in TROIS. Registration in TROIS is an additional protective measure to block the import of counterfeit goods.

Does TROIS actually work for imports from abroad?

TROIS can be an effective protection tool but its effectiveness depends on several factors. Below you can find examples of how it can be effective.

TROIS works w****hen:

• the product clearly infringes a registered trademark and is passed through official customs control

• the customs authorities identify counterfeits by external signs and match them with the TROIS register data

• the right holders actively interact with the Customs and promptly respond to detention notifications

TROIS may be ineffective when:

• goods are imported in batches that do not fall under customs' selective control

• counterfeit products are marked with altered or similar designations that are not registered

• violators use gray schemes, such as importing goods through third countries with weaker counterfeit controls

Example: your trademark is registered only in Russia. Counterfeit goods are produced in China and legally imported into Kazakhstan via the Persian Gulf countries (if the trademark is not registered in Kazakhstan). These goods are then brought into Russia territory under the EAEU (the Eurasian Economic Union) Single Customs Territory. TROIS would not be effective in this situation, because they are legally imported from Kazakhstan territory. However our legal team knows how to protect the trademark holder rights even in this situation and we can assist with the trademark registration in the territory of Kazakhstan to ensure full legal protection.

Despite some limitations, TROIS registration remains one of the most effective tools for combating the illegal import of counterfeit products.

MAGENTA Legal provides comprehensive legal support in registering trademarks in TROIS in order to respond promptly to detected violations. Our team will help you with the following processes:

• preparation of documents for submission to the FCS of Russia in order for the trademark to be included in the TROIS

• legal advice on brand protection strategy at customs

• interaction with customs authorities

• analysis of detained goods and initiation of legal proceedings

• Removal of barriers for the legal import of rights holders' products

Why choose MAGENTA Legal:

• Efficiency – we work proactively to prevent counterfeit goods from entering the market

• Comprehensive Approach – protecting rights both at the import stage and in court proceedings

• Tailored Solutions – we adapt protection strategies to clients' specific business needs

• Market Recognition – MAGENTA Legal is among the top Russian law firms according to the "Pravo-300" ranking in both "Intellectual Property: Rights Protection" and "Foreign Economic Activity" practices. Furthermore, the company’s Managing Partner, Anton Shamatonov, has been repeatedly recognized by this ranking as a recommended lawyer in foreign economic activities and in 2024 he was included in the first group of the Russian Gazette ranking in the "International Projects" category.

Protect your business and register your trademarks with TROIS through MAGENTA Legal

Contact us to discuss your brand protection strategy and minimize risks associated with counterfeiting under the link.