How Recordation Can Help Protect Your Intellectual Property Rights
CBP’s e-Recordation Program Allows Trademark and Copyright Owners to Obtain Border Enforcement of Their Intellectual Property Rights
U.S. Customs and Border Protection (CBP) has the authority to detain, seize, forfeit, and ultimately destroy merchandise seeking entry into the United States if it bears an infringing trademark or copyright that has been registered with the U.S. Patent and Trademark Office (USPTO) or the U.S. Copyright Office (USCOP), and has subsequently been recorded with CBP. As an intellectual property right (IPR) owner, you can partner with CBP to receive border enforcement of your registered trademarks and copyrights through CBP’s e-Recordation Program. There are several steps an IPR owner can take to ensure their trademarks and copyrights are enforced at all U.S. Ports of Entry.
STEP 1: Read & Review
Review CBP regulations, 19 C.F.R. Part 133, as well as the following publications which explain in more detail how you can work with CBP to protect your IPR:
STEP 2: Record
CBP IPR’s e-Recordation program is administered by the IPR Branch within the Regulations and Rulings Directorate, Office of Trade. For instructions and access to the online application visit http://iprr.cbp.gov/
You must have a valid trademark registration published on the Principle Register of the USPTO, www.uspto.gov, in order to record with CBP. The fee for e-Recordation is $190 per International Class of Goods (IC). The recordation will remain in force concurrently with the underlying USPTO registration, if renewed along with the USPTO registration.
You must have a valid copyright registration with the USCOP, www.copyright.gov, or evidence of a pending application for registration, in order to record with CBP. The fee for e-Recordation is $190 per copyright. The recordation will remain in force concurrently with the underlying copyright registration, if renewed with CBP every 20 years.
Recordations can be renewed for another term for the fee of $80 per IC for trademarks, and $80 per copyright.
IPRS Public Search
IPRS is a searchable database containing public versions of CBP recordations. Recordations can be searched by keywords and Boolean operators. http://iprs.cbp.gov
Step 3: Educate CBP
Training at Ports of Entry
The purpose of product identification trainings is for the right holder to educate CBP about its specific products and to familiarize CBP employees with the characteristics of its genuine products such that CBP employees are able to distinguish between authentic and inauthentic products. All requests to conduct in-person training must be submitted to TradeSeminars@cbp.dhs.gov.
CBP will vet every presentation to determine whether to accept or decline a request for training. The presentation should not include legal conclusions, such as determinations that something is “counterfeit” or “infringing.” Do not include any information that could be construed as legal advice which may include, but is not limited to, standards relevant to detention, probable cause, seizure, or knowledge. Questions related to CBP’s intellectual property enforcement may be directed to the Intellectual Property Enforcement (IPE) Branch, Regulations and Rulings, Office of Trade at HQIPRBranch@cbp.dhs.gov.
For more information on what is required in your request, visit our IPR Best Practices Page, paragraph (7), titled “Be Engaged.”
Recordation holders can deliver live online training to CBP personnel that introduces their brand and describes their intellectual property right(s).Request for delivering a webinar must be submitted to TradeSeminars@cbp.dhs.gov.
For more information on what is required in your request, visit IPR Best Practices Page, paragraph (7), titled “Be Engaged.”
Step 4: Update & Review
IPR owners should periodically review the information contained in their recordation and provide updates to CBP, especially any changes to their contact information, by emailing IPRRQuestions@cbp.dhs.gov
Question about e-Recordation (IPRR), IPRS or IPRiS should be directed to IPRRQuestions@cbp.dhs.gov
Questions about IPR border enforcement should be directed to HQIPRBranch@cbp.dhs.gov
Step 5: Report Violations
Submit information regarding suspect shipments or parties importing infringing merchandise to e-Allegations: http://eallegations.cbp.gov
Suspected violations, as well as any questions about CBP operations should be directed to the appropriate Center of Excellence and Expertise.
Email CEE@cbp.dhs.gov for assistance in determining which Center to contact.
Engage the National IPR Center - Contact the National IPR Coordination Center for additional enforcement opportunities concerning reported violations. https://www.iprcenter.gov