Seizure of goods due to trademark infringement.
General Details
Denomination
Seizure of goods due to trademark infringement.
Procedure type
Taxation
Subject
Customs
Purpose
Procedure for withholding goods due to alleged infringement of intellectual property rights.
Responsible body
State Revenue Office
General information about the procedure
Start form
job
Applicant: Administration
Place for presentation
Telematics.
AEAT offices
Documentation
Submit any documentation in your possession that is requested or that you deem appropriate.
Phases of the procedure/service
Start. Notification of withholding of goods to the holder of the allegedly infringed right
Procedure: Verification by this holder of the infringement and communication of claim/lawsuit filing before the competent legal authority or release of goods.
Termination. Maintenance of withholding while the judicial proceedings conclude or the goods are released.
Forms
Resolution deadline
10 working days
Resolution body
State Revenue Office
Resources
Replacement: Term: One month. On a discretionary basis, before the office from which the administrative act to be appealed comes, stating that no economic-administrative claim has been filed against it.
Economic-administrative claim: Term: One month from the day following notification of the contested act or from the day on which the procedure or prior appeal for reconsideration may be deemed to have been resolved. It will be addressed to the administrative body that issued the challengeable act.
Information related to electronic processing
Identification system
Electronic ID, Electronic Certificate, PIN Code
Level of interactivity
Level 4: Electronic processing
Regulations
Basic Regulations
Regulations on intellectual property and trademarks,Processing regulations
Regulations on intellectual property and trademarks,Regulations approving the inclusion of the procedure or service in the registry
Resolution of December 28, 2009, of the Presidency of the State Tax Administration Agency,which creates the electronic headquarters and regulates the electronic records of the State Tax Administration Agency (BOE December 29, 2009)