Border Force Notice of Objection
Worried about counterfeit imports? A Border Force Notice of Objection from IP Wealth® stops fakes at the border
Counterfeit and infringing goods are a growing risk for Australian brand owners, entering the market quickly and undercutting both revenue and reputation. Your registered trade mark gives you the exclusive right to your brand, but on its own it does not empower the Australian Border Force to hold suspect goods at the border. That power comes from a separate document, a Notice of Objection. IP Wealth® prepares and lodges it for you, so infringing imports can be detained before they reach your customers. Read on to learn more about how our Notice of Objection service can help.
What is a Notice of Objection?
A Notice of Objection is a formal legal instrument lodged with the Australian Border Force under Part 13 of the Trade Marks Act 1995 (Cth), with equivalent provisions in the Copyright Act 1968 (Cth). Once accepted, it authorises Border Force officers to detain and seize imported goods that appear to infringe your registered trade mark, before those goods clear customs and reach the Australian market.
It is the primary border-enforcement tool available to Australian rights holders, and it is used by many of the world's most recognisable brands to keep counterfeits out. A Notice remains in force for four years and can be renewed.
Why your trade mark registration is not enough on its own
Many owners assume that once their trade mark is registered, protection at the border is automatic. It is not. Without a Notice of Objection in place, Border Force has no power to hold infringing imports, even obvious counterfeits. Your registration establishes your rights; the Notice is what activates protection at the border.
A Notice can only be lodged against a current, live trade mark registration, not a pending application or an expired mark, and it applies to goods rather than services. It must line up precisely with what your registration actually covers, which is where specialist help makes the difference.
New from 20 November 2026: on-the-spot penalties for counterfeit imports
Border protection is about to become significantly stronger. Under the Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 (Cth), effective 20 November 2026, importing goods bearing false trade marks becomes a strict-liability offence, and the Australian Border Force can issue infringement notices carrying penalties of up to $24,750 per import for a company, as an alternative to court action.
Historically, many importers of counterfeit goods faced little more than forfeiture of the seized goods, treated as a cost of doing business. Direct financial penalties change that calculation. But the new deterrent only works for brands already on the Border Force register, which means having a Notice of Objection in place before the goods arrive.
What a Notice of Objection protects
Once lodged and accepted, your Notice enables Border Force to act against imported goods that are substantially identical with, or deceptively similar to, your registered trade mark. In practice, this covers:
- Counterfeit versions of your physical products
- Infringing goods bearing your mark, logo or get-up
- Look-alike imports designed to trade off your brand
- Grey and parallel imports that misuse your registered mark
Because the scheme applies to goods, it is most valuable for brand owners with physical product lines, such as apparel, cosmetics, accessories, consumer goods and packaged products.
How IP Wealth® manages the process for you
Lodging a Notice of Objection involves several forms and a formal deed that must correspond exactly to your live registration. Getting it wrong can leave gaps in your protection. Our specialists handle the entire process on your behalf:
- Done-for-you lodgement - we prepare the complete application and deed and lodge it with Border Force, correctly matched to your current registration.
- Competitor border check - as a useful starting point, we can check whether competitors in your market are already on the Border Force register for similar goods.
- Portfolio alignment - we review which of your marks and product classes should be covered.
- Ongoing management - we track the four-year validity period and manage renewals, so your protection does not quietly lapse.
Do you need a Notice of Objection?
If your business imports, manufactures or sells physical products under a registered trade mark, the answer is very likely yes. It is worth speaking with our team if any of the following apply:
- You sell physical products and hold a live Australian trade mark registration
- You have found, or suspect, counterfeit versions of your goods
- You operate in a sector prone to copying, such as fashion, beauty, consumer goods or accessories
- You want to be protected before the new 20 November 2026 penalties take effect
- You are unsure whether your current registration is eligible for the scheme
If you are at all unsure, a quick call to our knowledgeable team will point you in the right direction, whether that involves our services or not.
Related reading: Dupe or Theft? What Australian Trade Mark Law Says About Look-Alike Brands and Your Brand Deserves More Than a Certificate.
Protect your brand at the Australian border with IP Wealth® today
At IP Wealth®, our skilled, knowledgeable and experienced IP specialists take the complexity out of border protection. We prepare and lodge your Notice of Objection correctly the first time, so counterfeit imports can be stopped before they reach your customers, and so you are ready for the stronger penalties arriving on 20 November 2026.
With more than 20 years protecting Australian brands, we keep across every change in this constantly evolving area of law. Ask about our Border Force Notice of Objection service by speaking with our team on 1800 857 070 today.