Record It or Lose It: How Comprehensive CBP Recordations Protect Your IP at the Border

In FY2024, U.S. Customs and Border Protection (CBP) intercepted more than 32 million counterfeit items valued at $5.4 billion. Yet many brands missed protection because their trademarks were not recorded, or were not kept current, leaving gaps in enforcement at the border. While millions of marks are registered with the USPTO , only a fraction are recorded with CBP. Recordation may not be relevant for every registration, but for brands whose goods are vulnerable to counterfeiting, failing to record leaves a major enforcement tool unused.

Why Recordation Matters More Than Ever

CBP’s authority to detain, seize, and forfeit infringing merchandise depends on whether a mark or work is recorded, not just registered with the USPTO. Under 19 U.S.C. §1526(e) and §1595a(c), recorded trademarks and copyrights enjoy enhanced protections compared to unrecorded rights, including:

• Enforcement against “merely infringing” marks (not just counterfeits)
• Notice of seizure plus the names and addresses of parties associated with the goods
• Pre-seizure exchange of images and information
• Potential of penalties that deter repeat violations

In FY2024, 97% of CBP’s IPR seizures originated from small consignment (“de minimis”) shipments. Since the suspension of de minimis treatment in August 2025, the impact on the flow of infringing shipments is still being assessed, and brands and law enforcement alike are watching closely. This uncertainty makes comprehensive recordations and clear authentication materials even more critical so CBP can act quickly as patterns change.

The “Best Practices” Checklist

CBP’s recent “Best Practices for eRecordation Holders” briefings highlighted how right holders can maximize protection.

Best Practices for eRecordation:

1. Be Recorded – Record every trademark and copyright that could be infringed — not just a few headline marks. Record Strategically to Unlock Protection: Many brands start by recording only their core marks or classes, leaving gaps CBP cannot act on. Because CBP cannot seize or share information about unrecorded marks, works, or classes, prioritize recording those marks and product categories most likely to be infringed or imported. When you discover additional uses or expand into new classes, add them promptly to close gaps and maximize protection.
2. Be Current – Update your point of contact, licensee lists, and countries of manufacture. CBP now allows up to three e-mail addresses to be listed and also mentioned the value of using a centralized inbox (e.g., cu*****@***nd.com) to ensure continuity if personnel change.
3. Be Thorough – Upload clear, close-up product images (not just website screenshots) and optional materials such as authentication guides, traditional distribution networks, and login details for licensee databases. The more information provided, the easier it is for officers to act. Prioritizing Confidentiality: CBP operates separate internal and public-facing systems. All recordation data is protected under the Trade Secrets Act, and CBP personnel face personal liability for improper disclosure. This means brands can safely provide sensitive details—like full country-of-manufacture information—without fear of public release. Being candid from the start also avoids costly reversals if a seizure is initiated on incomplete data.
4. Be Responsive – Acknowledge CBP authentication requests within one business day and provide clear, actionable feedback to help officers make a probable cause determination. Faster Responses = Faster Decisions: CBP works on tight detention timelines. Even a quick “we’ve received your request and will respond by ___” helps. Avoid conclusory statements like “the goods are counterfeit.” Instead, point to specific, observable factors in the photos CBP provides (stitching, product numbers, interior labels, quality differences) for CBP to make the assessment. If you cannot tell from the images, ask for additional product images — not importer or shipping data CBP cannot release.
5. Be Proactive – Use the e-allegations portal to flag suspect importers. In 2024, CBP reported only 340 e-allegations against more than 20,000 seizures — an underused tool that directly feeds CBP targeting.
6. Be Engaged – Request CBP-directed webinars or in-person field trainings at ports where your goods are most at risk. CBP also accepts samples for internal officer training events and other materials to support their efforts through the Donations Acceptance Program (DAP).

Looking Beyond the Numbers

In FY2024, CBP began reporting nearly 100,000 “alternative enforcement actions,” shipments stopped before entering U.S. commerce but not formally seized. These quiet wins do not appear in public seizure counts or Fines, Penalties & Forfeitures (FPNF) notices, yet they still keep infringing goods out of the U.S. market.

Examples of alternative enforcement actions include:

• Merchandise detained and brought into compliance under 19 CFR Part 133.22 or 133.23 (e.g., labeling corrected before release).
• Segregation or destruction of a non-compliant portion of a shipment so the rest can be released.
• Exportation of detained goods for non-compliance rather than seizure.
• Shipments that become General Order merchandise when importers cancel entry after an IPR exam hold.
• Proactive abandonment by the importer, consignee, carrier, or broker once CBP intervenes.
• Referral of IP-violating goods to partner government agencies (FDA, CPSC, USDA) for their disposal.
• Restricted goods detained for an IP violation then sent to a Foreign Trade Zone for exportation rather than seizure.

CBP has said it will improve how it reports these non-seizure interventions so stakeholders get a clearer picture of how much infringing merchandise never reaches U.S. commerce. However, because these actions are not formal seizures, the reporting will remain aggregate only—CBP does not plan to release brand- or rights-holder-specific information.

For rights holders, the only way to benefit from these largely invisible interventions is to have your marks recorded. Comprehensive, accurate, and current recordations—combined with timely e-allegations—maximize the chances that CBP can act on your brand’s behalf even when no public seizure appears in the statistics.

The Bottom Line

With de minimis treatment suspended and CBP reporting nearly 100,000 “alternative enforcement actions” in FY2024, border enforcement continues to evolve. CBP has also improved its recordation process by adding new fields, optional uploads, and easier updates, giving brands more tools to support enforcement.

Comprehensive, accurate, and current recordations remain the surest way to ensure your brand benefits from both the visible and invisible actions CBP takes. Even if you cannot record every mark at once, prioritize your most at-risk goods and update your recordations as you grow. It transforms your rights from passive registration into active enforcement power at 328 ports of entry.

How We Support You

At Vaudra, we partner with brands and their counsel to plan, prepare, and manage their CBP recordations, authentication materials, and related enforcement interactions so their rights are actively reinforced at the border.

If you are looking to strengthen how your brand engages with CBP, let’s connect. We can review your current approach and discuss next steps to enhance your enforcement strategy.

Read more to learn more about how recordations can be leveraged once filed — and how our team supports clients in maximizing their use, including when seizures lead to importer/exporter investigations.