Your registration does not stop a container, but recording it with Customs can.
I register trademarks and copyrights with US Customs and Border Protection, which allows its officers to halt infringing goods at the border instead of pursuing them through the marketplace.
Understanding Registration and Recordation
Registration and recordation are two distinct processes in protecting your brand.
A federal registration of your trademark establishes your legal rights to that mark. Still, it does not automatically alert customs officers to your brand during inspections of shipments entering U.S. ports. The U.S. Customs and Border Protection (CBP) enforces intellectual property rights at the border. However, under regulations, customs officers can detain and seize only goods linked to marks and works formally recorded with the agency.
Recordation is a separate process that you complete through Customs’ electronic recordation system. This process connects your trademark or copyright registration to the customs enforcement system, detailing who owns the product, who is authorized to manufacture genuine products, and how officers can distinguish authentic products from counterfeit ones. Once your mark or copyright is recorded, it becomes visible in the systems customs officers use.
For brands that experience copying abroad and face the importation of counterfeit goods, recordation offers a cost-effective enforcement tool. A seizure at the port can halt thousands of counterfeit items at once, while a takedown notice typically addresses only one online listing.
Requirements for Recordation
Eligibility for recordation is simple: you can record trademarks registered on the Principal Register and registered copyrights. The recordation remains active as long as the underlying registration is valid and must be renewed whenever the registration is renewed. This is an important reason to keep recordations on the same schedule as your maintenance deadlines. Additionally, report any interim changes, such as ownership, contact information, or updated packaging, to Customs. This ensures the information record officers rely on remains accurate.
What I Handle
Assessing which registrations in your portfolio should be recorded, starting with the products most vulnerable to counterfeiting and importation.
Preparing and filing trademark and copyright registrations through Customs’ electronic system.
Managing renewals and updates, scheduled alongside your trademark maintenance deadlines.
Creating product identification guides: clear, visual references that assist officers in distinguishing genuine goods from counterfeit items, using your authentication details, packaging information, and details about authorized manufacturers.
Reporting suspicious shipments to Customs through its allegation system when you discover that infringing goods are on their way.
Responding promptly when Customs detains a shipment and notifies you as the rights holder.
Who This Is For
This is intended for brand owners whose products are manufactured or counterfeited abroad, as well as international brands seeking to register their trademarks in the US as part of their market entry strategy. You can record your trademark or copyright yourself through Customs’ online portal. This is a reasonable option for a single registration with straightforward ownership. However, seek legal counsel if your portfolio includes multiple trademarks, licensed manufacturers, ownership changes, or significant counterfeiting issues that need to be addressed.
Start Here
Begin by completing the intake form with your registration numbers and the location where your genuine goods are manufactured. I will recommend what to record and what it will involve.
FAQs
Is the government recordation fee included?
1
No, the government recordation fee is not included. Customs charges a separate per-class recordation fee, which is billed independently of my legal fee and is specified in the scope.
Can I record a pending application?
2
No, you cannot record a pending application. Customs only records trademarks that are registered on the Principal Register and registered copyrights. If you have not registered yet, that step must come first, and I can assist with both.
We have already identified infringing goods that have arrived. Is recordation still the first step?
3
Yes, I can help. Assessing the claim and developing a response strategy is similar to the work I do on the other side. The worst reactions are panic or silence. Please forward the letter along with your intake information and note any deadlines.