The Custom and Border Protection (CBP) encourages the usage of their e-Recordation Program to help copyright owners gain enforcement of intellectual property rights.
The CBP has the right to detain, seize, forfeit and destroy any merchandise that enters the U.S. if it infringes on trademark or copyright that has been registered. In order to do so, the trademark or copyright must be registered with the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office (USCOP) and has been recorded with CBP. Companies who own intellectual property are encouraged to register trademarks and copyrights to ensure that these protections are enforced at all U.S. Ports of Entry.
The following steps allow for registration of trademarks and copyrights in the U.S.:
Step 1:
Review the CBP regulations (19 C.F.R. Part 1 3 3) and review the following publications to learn more about working with the CBP to protect intellectual property rights:
Intellectual Property Rights Enforcement
CBP Enforcement of Intellectual Property Rights – An Informed Compliance Publication
Step 2:
Use the CBP’s e-Recordation program, administered by the Intellectual Property Rights Branch. Access instructions and the online application.
Trademarks
To record with CBP, your company must have a valid trademark registration published on the Principal Register of the USPTO. The fee for e-Recordation is US$190 per International Class of Goods and will remain in force concurrently with the underlying USPTO registration if renewed every 10 years.
Copyrights
Your company must have a valid copyright registration with USCOP or evidence of a pending application for registration in order to record with CBP. The fee for e-Recordation is US$190 per copyright and will remain in force concurrently with the underlying copyright registration if renewed with CBP every 20 years.
Renewal
Recordation can be renewed for another term for US$80 per International Class of Goods for trademarks and US$80 per copyright.
IPRS Public Search
IPRS is a searchable database containing versions of CBP recordations, which are searchable by keyword or combinations of keywords.
Step 3:
Educate CBP using these resources:
Product ID Guides
As a recordation holder, your company can develop a guide to identify your product and aid CBP in distinguishing it from infringing goods. A sample guide is available.
Training at Ports of Entry & Webinar
Recordation holders can provide product identification training to CBP field personnel. This results in heightened identification of infringing goods. Additionally, recordation holders can deliver online training webinars to CBP personnel that introduces their brand and describes their intellectual property right.
Centers of Excellence
Partner with Centers of Excellence and Expertise for additional training and enforcement opportunities of your company’s recordations.
Step 4:
Update and review the information contained in your company’s recordations and provide changes to contact information.
Step 5:
Submit information regarding suspect shipments or parties infringing merchandise. These violations should be reported to the e-allegations online trade violation reporting system. Suspected violations and questions about CBP operations should be directed to the appropriate Center of Excellence and Expertise. You may email the Center of Excellence and Expertise for assistance in determining which Center to contact.
In addition, you may contact the National IPR Coordination Center for other enforcement resources concerning reported violations.
This information was taken from U.S. Customs and Border Protection’s Publication (number 0670-0718)
