The Legal Brief
Enforcing Trademarks Through Customs Recordation
August 27, 2021
Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals, obtained 125 indictments, and received 98 convictions for intellectual property crimes. CBP’s trademark recordation fee for recordation of a trademark registration is just $190 per class of goods.
The CBP processes tens of millions of shipments each year through 328 ports of entry. It inspects incoming shipments and compares the shipment’s contents to trademark registrations recorded with the CBP. If incoming goods bear a mark in a recorded registration, the CBP detains the goods and contacts the mark’s owner. In some situations, trademark owners can assist CBP and other law enforcement agencies in building a prosecution against counterfeiters.
An experienced trademark attorney can help record your mark with the CBP. Although many online services offer assistance with trademark applications, a licensed trademark attorney will typically possess important skills needed for navigating the USPTO’s labyrinth trademark system and ensure your trademark gets promptly registered with maximum value.