U.S. CBP e-Recordation & Related Support

In today’s global market, the threat of counterfeit goods entering the United States is more significant than ever. U.S. Customs and Border Protection (CBP) seizes tens of thousands of shipments annually, often involving over 100,000 distinct line items. A seizure refers to an enforcement action on a shipment, while each line item within that seizure represents a specific product type, categorized by brand or product. Over the last five years, most seizures have involved goods from regions like China and Hong Kong, with high-value items such as handbags, watches, and jewelry being among the most frequently intercepted for Intellectual Property Rights (IPR) violations.

These illicit products not only undermine a brand’s integrity but can also erode consumer trust and lead to substantial financial losses. Whether your brand is domestically manufactured or produced overseas, recording your trademarks and/or copyrights with U.S. CBP is a foundational step for any brand protection strategy.

CBP e-Recordation Basics:

CBP e-Recordation is the process of registering your trademark with U.S. Customs and Border Protection (CBP) after it is registered on the Principal Register with the United States Patent and Trademark Office (USPTO). Similarly, copyrights registered with the United States Copyright Office (USCOP) can also be recorded. While trademarks cannot be recorded during the application phase, pending copyright registrations may be temporarily recorded for six months.

Pursuant to 19 CFR 133.21(e), this recordation empowers CBP agents to actively monitor and intercept counterfeit or infringing goods bearing your trademarks or copyrights at U.S. borders, preventing these items from entering the country and reaching consumers.

As of 2023, the fee charged by U.S. CBP is $190 per International Class of Goods (IC) per trademark registration or $190 per copyright. The recordation remains effective as long as the underlying USPTO or USCOP registration is renewed, with renewal fees set at $80.00 per recordation.

Why e-Recordations Matter:

Whether you mistakenly believed that a trademark registration offered the same protection, were unaware of this tool, or overlooked it amidst the many demands of building a brand, the e-Recordation process is a straightforward and proactive measure that can significantly strengthen your brand’s defense against counterfeit goods.

With billions of parcels entering the U.S. every year, it might seem unlikely that CBP will intercept a shipment of products bearing your trademarks. However, without e-Recordation, the chances of CBP identifying and seizing counterfeit goods with your mark—and notifying you about it—are virtually nil. CBP prioritizes seizures and enforcement of trademarks and copyrights that have been recorded, ensuring they have the information needed to authenticate your goods and alert you accordingly. This makes e-Recordation an essential component of your brand protection strategy.

The nominal cost is worth the potential reward. There is also a certain satisfaction in receiving your first Fines, Penalties, and Forfeitures (FP&F) notice, which includes details such as the importation date, port of entry, quantity, and description of the seized products, e-recordation number cited, and the names and addresses of the exporter and importer. We recommend maintaining a tracking spreadsheet or other searchable database to record the information for future reference, investigation and evidence of ROI.

How Vaudra Can Help:

When reviewing the application, the volume of information requested can be overwhelming. While more is always better, all the details are not required for the e-recordation to be accepted. We work with you to gather the essential documentation, navigate the e-Recordation system, and manage the process from start to finish. We ensure any follow-up questions are answered and liaise with CBP as needed to secure the successful recordation of your trademarks and/or copyrights.

As part of more comprehensive support or on a one-off basis, we help you fully utilize this foundational tool with additional services that strengthen your collaboration with CBP and reinforce the value of having recordations in place.

Leveraging e-Recordations:

  • Brand Protection Guides:
  • With decades of experience working with a diverse range of brands, we excel at identifying and distilling the key elements that distinguish authentic from counterfeit products. Our deep understanding of brand-specific counterfeit indicators and awareness of overarching themes allows us to create effective authentication guidelines tailored to your needs.

    Whether you are newly uncovering counterfeit issues or already familiar with the challenges, we collaborate with your internal experts to delve into the nuances of your products and packaging, identifying the most fundamental counterfeit indicators. Our process distills this information into a clear, concise manual, supported by high-quality images and relevant details, all adhering to CBP’s best practice guidelines.

    Beyond just being a training aid, these guides make a strong first impression, demonstrating your brand’s commitment to maintaining the integrity of your products and supporting enforcement efforts. Once the manual is completed, we also ensure that it is provided to CBP to update your related e-recordations.

  • Educational Trainings:
  • Once your brand training manual is complete, we can coordinate and conduct training sessions (in-person or virtually) for CBP and other agencies to raise brand awareness. Whether organizing a standalone training or attending a group training (on your brand’s behalf) as planned by an industry association, we ensure your brand receives the appropriate exposure to relevant law enforcement agencies based on your priorities.

  • Ongoing Engagement with CBP:
  • We help ensure that CBP understands the value your brand places on their efforts. This includes providing support when needed with potential detainments or seizures, such as authentication assistance, photo/sample requests, MSRP estimations, e-allegation filings, and Victim Impact Statements.

  • Collaboration with Relevant Agencies:
  • Depending on the size and scope of a counterfeit case, there may be opportunities to seek assistance from the appropriate federal agency for potential criminal enforcement. Your e-recordations open the door for engagement with the Intellectual Property Rights (IPR) Center and related CBP Centers of Excellence and Expertise (CEE) tied to your product category, enhancing the effectiveness of your brand protection strategy.

  • Importer and Exporter Investigations:
  • Regardless of the quantity involved, the details on seizure notices should not be overlooked. If this shipment was seized, how many others have slipped past CBP involving the same parties? If only a couple items, what if they were samples leading to a larger order or part of a mixed shipment containing multiple brands?

    Even with limited importer and exporter information, we conduct investigations to locate viable intelligence, potentially identifying related individuals, entities, brick-and-mortar locations, or e-commerce channels. A brief investigation to determine whether a deeper dive is warranted is always a worthwhile endeavor—a single seizure could be the tip of the counterfeit iceberg.

  • U.S. Imports Research:
  • While not dependent on having e-recordations in place, import record research is a complementary avenue that often goes hand-in-hand with our importer and exporter investigations. If you suspect that a domestic entity is importing your brand’s products into the U.S., or if you have received a seizure notice from CBP, our access to closed source, third-party data on ocean freight shipments helps add context and value. In researching additional and previously imported shipments, we can obtain details from bills of lading, and identify additional trading partners, to include shippers, exporters and notify parties.

    Often, this research also plays a crucial role in our Unauthorized Supplier Identification investigations. If you are concerned that unauthorized suppliers or other known parties are importing your products, import records can be a treasure trove of intelligence. Beyond potentially confirming the scale of the potential threat, we use these resources to track shipments to their origins, identifying other potential sources and players in the supply chain.

CBP Reference Links (all found within cbp.gov):

Why Us

Offering Intellectual Property (IP) investigations & brand protection solutions globally since 2003.

intellectual property, IP, investigations
Connect

How may we help? We look forward to your feedback.