Counterfeiting and Piracy Protection

Recording your Trademark and Copyright registrations with the United States Customs and Border Protection (CBP) Provides Counterfeiting and Piracy Protection

Many imported goods are counterfeit or pirated versions that infringe trademarks and copyrights. Whether they’re sold online or in stores, counterfeit and pirated goods hurt the U.S. economy, fund criminal activity and threaten consumer health and safety. That’s why the U.S. Customs and Border Protection (CBP) offers counterfeiting and piracy protection.

Stop Infringement at the Border by Recording Your Intellectual Property

The CBP manages, controls and protects of our nation’s borders at and between official ports of entry. As such, the CBP enforces your intellectual property rights at the border to keep consumers safe from counterfeit and pirated products. Every year, CBP seizes millions of counterfeit goods from countries around the world as part of its mission to protect U.S. businesses and consumers. Therefore, you should record your trademark registration with CBP if your products are targets for international counterfeiters.

Trademark Recordation with CBP to Fight Counterfeiting and Piracy

The CBP will detain and seize imported goods that violate your trademark. As such, the recordation process is a critical tool to protect your intellectual property rights from infringement.

To record your trademark with CBP, you must: 

• Register your trademark. Your trademark must already be on the Principal Register of the United States Patent and Trademark Office (USPTO). Generally, it must be registered for goods but service trademarks can be registered with the CBP as well. 
• Apply for recordation. You can apply electronically using CBP’s Intellectual Property Rights Recordation system.
• Pay the application fee. There is a fee of $190.00, per international class, to record your trademark registration with CBP.
• Periodically apply to renew. To maintain your recordation, you must apply for renewal and pay the $80.00 fee. Also, the recordation needs to be renewed concurrently with the underlying USPTO trademark registration.

Trademark owners should inform the CBP about authorized manufacturers and importers. Also, notify CBP of any potential unauthorized shipments. Consequently, CBP will identify genuine merchandise and to distinguish it from infringing goods. Remember, it’s in your best interest to make it easy for the CBP to detain and seize infringing goods before they enter the U.S. market. 

Copyright Recordation with CBP to Fight Counterfeiting and Piracy

• Register your copyright. You must have a registered copyright or a pending copyright application. Therefore, if you register your copyright, you can enjoy the many benefits of copyright registration and being able to record it with the CBP is one of them.
• Apply for recordation. You can apply electronically using CBP’s Intellectual Property Rights Recordation system.
• Pay the application fee. There is a fee of $190.00 for recording your copyright registration with CBP.
• Periodically apply to renew. To maintain your recordation, you must apply for renewal every 20 years and pay renewal fee of $80.00.

Again, first you must register your copyright with the US Copyright Office and/or your trademark with the USPTO. Afterwards, record those registrations with the CBP to enforce your intellectual property rights.