Enforce Your IP at the U.S. Border: A Guide to CBP Recordation

Counterfeit goods and unauthorized imports can severely undermine your brand’s reputation, reduce revenue, and expose consumers to risk. Fortunately, US rights holders have a powerful—but underutilized—tool to fight back: recording their trademarks and copyrights with US Customs and Border Protection (CBP).

CBP plays a frontline role in enforcing intellectual property (IP) rights at US ports of entry. By recording your registered trademark or copyright with CBP, you empower federal agents to seize counterfeit or infringing goods at the border before they ever reach the market.

Here’s what you need to know to leverage CBP’s IP enforcement capabilities.

Step 1: Submit a Recordation Application Using the IP e-Recordation System

The first step is filing your trademark or copyright with CBP through its online IPRR e-Recordation system.

You’ll need to provide:

• Your valid U.S. trademark or copyright registration number
• Your contact and attorney/representative details
• Product and distribution information
• Visual references (e.g., logos, packaging, or product images)

This helps CBP agents quickly recognize and compare incoming goods for potential infringement. The system is streamlined and accessible, with applications typically processed within weeks.

Step 2: Pay the Recordation Fee

CBP charges a non-refundable fee for:

• Each class of goods or services for trademarks
• Each copyright registration recorded

Fees can be paid via credit card or electronic check at the time of submission. This is a flat administrative fee that covers record maintenance and enforcement support.

Step 3: Keep Your Recordation Current

Your recordation remains valid as long as the underlying IP registration is active. However, to maintain effectiveness, you must update the record if:

• Your business address or contacts change
• You modify your branding or packaging
• You authorize new licensees or distributors
• Your supply chain or product scope evolves

Outdated records may limit CBP’s ability to act or delay enforcement.

Step 4: Cooperate Actively with CBP Enforcement

CBP may contact you or your representative when suspicious shipments are flagged.

You may be asked to:

• Review product samples
• Confirm or dispute authenticity
• Provide expert declarations
• Authorize seizure or forfeiture
• Participate in follow-up investigations or litigation

Responding promptly and clearly strengthens CBP’s ability to enforce your rights and builds a cooperative enforcement relationship.

Step 5: Monitor the Market and Submit Intelligence

CBP’s enforcement success depends in part on intelligence from rights holders. Use CBP’s e-Allegations system to report suspicious activity, including:

• Unauthorized use of your brand
• Details on counterfeit shipments
• Seller or importer names and addresses
• Suspect ports of entry
• Shipment tracking information or photos

Even anecdotal leads can help CBP prioritize inspections and increase the likelihood of stopping infringing goods at the border.

Benefits of CBP IP Recordation

Recording your IP with CBP gives you an edge in enforcement by:

• Enabling real-time border inspections
• Reducing the burden of civil enforcement
• Protecting consumers from fakes
• Supporting parallel legal action, if needed
• Reinforcing brand control across distribution channels

This tool is especially valuable for industries vulnerable to counterfeits, including apparel, consumer electronics, health products, software, and entertainment media.

A Practical Step for Proactive Brand Protection

Recording your trademark or copyright with US Customs and Border Protection is a cost-effective, high-impact step to protect your IP and supply chain integrity. Whether you’re an emerging brand or a global rights holder, border protection should be a key part of your enforcement