由 caicai8478 I. Legal risks and intellectual property
Definition of counterfeit brands
Counterfeit brands refer to products that imitate the trademarks, designs or packaging of well-known brands without the brand’s authorization.
Important tips: Spain is a member of the European Union and has strict protection of intellectual property rights. Counterfeit brands may be identified as infringing goods and face legal proceedings, high fines or even criminal liability.
Related laws of Spain/EU
EU Intellectual Property Rights Regulation (EUIPO): Registered brands are protected in the EU, and customs have the right to seize counterfeit goods.
Criminal penalties: Intentional infringement may constitute a crime, with a maximum sentence of 4 years in prison (Article 274 of the Spanish Criminal Code).
II. Customs risks and countermeasures
Customs inspection focus
Spanish customs strictly inspects imported goods (especially clothing), often through X-rays and manual unpacking.
High-risk counterfeit brands: Zara, Mango, Loewe (Spanish local brands), LV, Gucci and other international brands
Avoidance suggestions
Avoid using infringing elements:
Remove or modify brand trademarks (such as changing “Adidas” to “Adidos” may still infringe).
Change design details (such as patterns, colors, logo arrangement).
Declare as “No Brand” or “Generic Clothing”.
Declare low value (but it must be reasonable to avoid suspicion).
- Logistics and customs clearance
Logistics channel selection
Small package express (such as DHL, FedEx): suitable for small batches, but the inspection rate is high, and a pro forma invoice (PI) is required.
Sea/railway: suitable for large quantities, a complete packing list and invoice must be provided, and it is recommended to purchase freight insurance.
Risk warning: Some freight forwarders claim to “guarantee customs clearance”, but they may actually go through gray channels, and the goods may be detained without compensation.
Preparation of customs clearance documents
Pro forma invoice (specify material, quantity, value).
Proof of origin (such as FORM A tariff preference for exports to China).
EU Declaration of Conformity (CE label, if the clothing involves environmental standards).
IV. Notes on the Spanish market
Consumer preferences
Spanish people pay attention to cost-effectiveness, but have basic requirements for quality (such as fabric breathability and stitching technology).
Popular categories: summer fast fashion (imitation Zara style), sports and leisure (imitation Nike, Adidas design).
After-sales and complaints
If consumers complain about selling counterfeit goods, e-commerce platforms (such as Amazon ES) may directly remove the store.
It is recommended to indicate “non-original product” or “inspired design” on the product page to reduce risks.
V. Alternative solution suggestions
Legal path
Cooperate with local Spanish brands and produce OEM.
Register your own brand (EU trademark registration is about €850-1,500).
Risk self-assessment
If you insist on exporting counterfeit brands, it is recommended to:
Small batch trial shipment to test the customs channel.
Use third-party overseas warehouses for transit (such as Poland and Portugal) and then distribute to Spain.
Summary
The export risk of counterfeit goods is extremely high, especially in the EU. If you insist on doing it, you need to ensure that:
The product does not directly infringe the trademark (such as no logo).
The logistics channel is reliable to avoid losing both goods and money.
Consult a local Spanish lawyer or customs clearance agent in advance.
It is recommended to give priority to legal trade models, which are more sustainable in the long run.