The EUIPO and the European Commission’s customs directorate (DG TAXUD) published their report for 2025 on 22 October 2026. At the EU’s external border and in the internal market, more than 196 million counterfeit articles with an estimated value of around EUR 6.3 billion were detained – 67% more than in 2024 and 29% more than in the previous record year 2023. EUIPO news release of 22 October 2026.
What was seized
Almost 30% of the detained articles were recorded CDs and DVDs, nearly one in five were toys. Labels, tags and stickers were also intercepted in strikingly high numbers – an indication that some counterfeits are only finished inside the EU. These are followed by games and game consoles, clothing and cigarettes including e-cigarettes. Trade marks were affected in 57% of cases, copyright in 43% and designs in 7%; one article can infringe several rights.
Why a provable IP right is the prerequisite
As a rule, customs only act on an application. If they exceptionally detain suspicious goods on their own initiative, the right holder must file the application within four working days. The basis is an application for action under Regulation (EU) No 608/2013. In Germany it is filed with the Zentralstelle Gewerblicher Rechtsschutz in Munich – as a national application for Germany or, for EU trade marks and EU designs, as a Union application covering all Member States selected. The Union application, too, is filed with the customs authority of a single Member State, which forwards it to the other Member States. The application requires an IP right that the applicant can prove.
For copyright, proof of ownership is sufficient because the right comes into existence with the creation of the work – hence the high share for music and film media. For trade marks, by contrast, the Regulation requires registration: a trade mark that is merely used cannot serve as the basis for the EU-wide customs application. For products, logos and packaging, the registered trade mark and the registered design are therefore the reliable route. For registered rights, the registration number is all customs need. The unregistered EU design also qualifies – but only for three years from first disclosure in the EU and with proof of when and where the design was first shown.
The application is free of charge, is valid for one year and can be extended. The costs of storing and destroying detained goods are, however, borne by the right holder. The more specific the information, the better customs can target counterfeits: original packaging, typical features of the fakes, known shipping routes.
What happens after a detention
When customs detain suspicious goods, they inform the right holder. If the right holder confirms the infringement and the consignee does not object within ten working days, the goods are destroyed under customs supervision in the simplified procedure – without court proceedings. Only if the consignee objects does the right holder have to initiate proceedings to establish the infringement within ten working days, for example by applying for a preliminary injunction.
We will gladly check whether your trade marks and designs are a sufficient basis for a customs application, close gaps in your protection and file the application for action for you.