Are replica watches legal? This page quotes what the official texts say in the United States, the United Kingdom, Canada and the European Union about counterfeit goods: the criminal offences, the customs rules and the exceptions they state. It does not say how authorities apply these rules in practice, and it does not cover every law in each country.
This page is general information, not legal advice. Laws change and their application depends on the facts; ask a lawyer in your country.
United States
The criminal offence. 18 U.S.C. 2320 applies to "Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services". It defines "traffic" as "to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of". For an individual, a first offence can bring a fine of up to 2,000,000 USD or up to 10 years in prison, or both.
Customs. Under 19 CFR 133.21, US Customs and Border Protection (CBP) "may detain any article of domestic or foreign manufacture imported into the United States that bears a mark suspected by CBP of being a counterfeit version of a mark that is registered with the U.S. Patent and Trademark Office and is recorded with CBP", for up to 30 days. If CBP determines that the article bears a counterfeit mark, "CBP will seize such merchandise and, in the absence of the written consent of the owner of the recorded mark, forfeit the seized merchandise in accordance with the customs laws".
This page does not cover other parts of the customs regulations. Ask CBP or a lawyer about your case.
United Kingdom
Customs. Under section 89 of the Trade Marks Act 1994, "The proprietor of a registered trade mark, or a licensee, may give notice in writing" to customs that asks them to treat expected infringing goods as prohibited goods. While such a notice is in force, "the importation of the goods to which the notice relates, otherwise than by a person for his private and domestic use, is prohibited; but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods".
The criminal offence. Section 92 makes it an offence, "with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor", to apply to goods or their packaging "a sign identical to, or likely to be mistaken for, a registered trade mark"; to sell or let for hire, offer or expose for sale or hire, or distribute goods which bear, or the packaging of which bears, such a sign; or to have such goods "in his possession, custody or control in the course of a business" with a view to doing those acts. The maximum on conviction on indictment is a fine or up to ten years in prison, or both.
Canada
The criminal offences. Section 51.01(1) of the Trademarks Act says: "Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any goods in association with a trademark", if that sale or distribution "is or would be contrary to section 19 or 20" and the person knows that the trademark is identical to, or cannot be distinguished in its essential aspects from, a trademark registered for such goods, and that the owner has not consented. Section 51.01(2) covers a person who "manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any goods, for the purpose of their sale or of their distribution on a commercial scale", with similar conditions on knowledge and consent. On indictment, the maximum is a fine of 1,000,000 CAD or five years in prison, or both.
Import and export. Section 51.03(1) says that goods "shall not be imported or exported" if the goods or their labels or packaging bear, without the consent of the owner, a trademark "that is identical to, or that cannot be distinguished in its essential aspects from, that registered trademark". Section 51.03(2) lists exceptions, including when "the goods are imported or exported by an individual in their possession or baggage and the circumstances, including the number of goods, indicate that the goods are intended only for their personal use".
European Union
Customs. Regulation (EU) No 608/2013 sets the procedures for EU customs action on goods suspected of infringing intellectual property rights. Its recital 4 says that it "should not apply to goods carried by passengers in their personal luggage provided that those goods are for their own personal use and there are no indications that commercial traffic is involved".
What counts as counterfeit. Article 2(5) defines counterfeit goods as "goods which are the subject of an act infringing a trade mark in the Member State where they are found and bear without authorisation a sign which is identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark".
Detention and small consignments. Under Article 17, when customs identify suspected goods covered by "a decision granting an application", "they shall suspend the release of the goods or detain them". Article 26 sets a procedure for the destruction of suspected counterfeit goods in small consignments, when the holder of the decision has asked for it: customs notify the declarant or the holder of the goods within one working day, the declarant or the holder of the goods can express a point of view within 10 working days, and the goods may be destroyed when the declarant or the holder of the goods confirms within 10 working days that they are counterfeit goods.
This page does not cover the national laws of the member states.
Sources
All texts were read on October 14, 2026.
- 18 U.S.C. 2320, Trafficking in counterfeit goods or services (Cornell Legal Information Institute)
- 19 CFR 133.21, Articles suspected of bearing counterfeit marks (Cornell Legal Information Institute)
- UK Trade Marks Act 1994, section 89 and section 92 (legislation.gov.uk)
- Canada Trademarks Act, section 51.01 and section 51.03 (Justice Laws Website)
- Regulation (EU) No 608/2013, customs enforcement of intellectual property rights (EUR-Lex)