{"id":9173,"date":"2025-09-26T09:09:16","date_gmt":"2025-09-26T13:09:16","guid":{"rendered":"https:\/\/diaztradelaw.com\/?p=9173"},"modified":"2025-10-01T08:24:09","modified_gmt":"2025-10-01T12:24:09","slug":"cbps-recordation-program","status":"publish","type":"post","link":"https:\/\/diaztradelaw.com\/cbps-recordation-program\/","title":{"rendered":"CBP’s Recordation Program"},"content":{"rendered":"

Copyright 2025 Bloomberg Industry Group, Inc. (800-372-1033) Reproduced with permission. <\/span><\/i>CBP\u2019s Recordation Program<\/i><\/b><\/a><\/p>\n

Editor\u2019s Notes: Participation in CBP\u2019s Recordation Program is one of the most effective ways for intellectual property rightsholders to protect their brand at the border. If you took the time to register your trademark or copyright with the USPTO, then consider taking the extra step to record that trademark or copyright with CBP. This article covers: (i) the difference between registration and recordation; (ii) key benefits of recording with CBP; (iii) how to record with CBP; and (iv) how CBP enforces IP infringement at the border.<\/span><\/p>\n

The Most Effective Way to Protect Your Brand at the Border<\/b><\/h4>\n

For Intellectual property (IP) owners in the United States, obtaining a <\/span>trademark<\/span><\/a> or copyright registration is a critical step to protect their work. However, registration is only half the battle. <\/span>IP owners need to have robust monitoring processes in place to find and enforce against infringers. That\u2019s where U.S. Customs and Border Protection (CBP) comes in. Through <\/span>CBP\u2019s recordation program<\/span><\/a>, brand owners can enlist tens of thousands of CBP officers as their first line of defense against infringing imports at all 328 U.S. ports of entry. This proactive strategy empowers rightsholders to leverage federal enforcement power at the border\u2014stopping counterfeits before they hit the market.<\/span><\/p>\n

IP Registration vs. Recordation<\/b><\/h4>\n

The U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office are responsible for granting trademark and copyright registrations in the U.S. When approved, the registration provides nationwide protection for the work, and the IP owner has exclusive rights to use the work. However, enforcement of the registration is up to the rightsholder.\u00a0<\/span><\/p>\n

CBP\u2019s recordation program enables registered rightsholders to partner with CBP to prevent the importation of goods that bear a protected trademark or copyright. 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 both registered and recorded with CBP.\u00a0<\/span><\/p>\n

Rightsholders may submit an application to CBP to record federally registered trademarks and copyrights. <\/span>Once a trademark or copyright is recorded with CBP, the owner\u2019s information is entered into an electronic database accessible to tens of thousands of U.S. Customs officers in the United States and overseas. CBP uses the information to target shipments and physically examine merchandise, and assist in preventing the importation or exportation of infringing goods. CBP does have seizure authority over imports and exports, and even in transit goods that stop in the U.S.\u00a0<\/span><\/p>\n

When a seizure occurs, CBP notifies the rightsholder and provides detailed intelligence, in accordance with <\/span>19 C.F.R. \u00a7133.21<\/span><\/a>, about the importer, manufacturer, and the infringing goods. This information can be leveraged by the rightsholder to build broader enforcement and litigation strategies.\u00a0<\/span><\/p>\n

Currently, CBP maintains tens of thousands of <\/span>active recordations<\/span><\/a>. The U.S. is not the only country with a recordation program. <\/span>China, for example<\/span><\/a>, actively enforces intellectual property rights for both importations and exportations. Companies that do business in other countries should seek protection through similar recordation programs as well.<\/span><\/p>\n

Gray Market Protection<\/i><\/b><\/p>\n

Some IP owners may also be eligible for \u201cgray market\u201d protection, which pertains to genuine products bearing a trademark or brand name approved for use in a country outside the U.S. Gray market goods are different from counterfeit goods markets because counterfeit goods are never genuine.<\/span><\/p>\n

CBP provides limited protection<\/span><\/a> to rights owners against importations of certain gray market goods. Only trademarks and trade names recorded with CBP are entitled to gray market protection. Gray market protection is only offered when the following two conditions are met, per <\/span>19 C.F.R. \u00a7133.23<\/span><\/a>:<\/span><\/p>\n