How Recordation Can Help Protect Your Intellectual Property Rights
Customs and Border Patrol’s (“CBP”) e-Recordation Program Allows Trademark and Copyright Owners to Obtain Border Enforcement of Their Intellectual Property Rights (“IPR”).
U.S. Customs and Border Protection (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 registered with the U.S. Patent and Trademark Office (USPTO) or the U.S. Copyright Office
(USCOP), and has subsequently been recorded with CBP. As an intellectual property right (IPR) owner,
you can partner with CBP to receive border enforcement of your registered trademarks and copyrights
through CBP’s e-Recordation Program. There are several steps an IPR owner can take to ensure their
trademarks and copyrights are enforced at all U.S. Ports of Entry.
STEP 1: Read & Review
Review CBP regulations, 19 C.F.R. Part 133, as well as the following publications which explain in more
detail how you can work with CBP to protect your IPR:
• CBP Enforcement of Intellectual Property Rights – An Informed Compliance Publication
• How to Work with CBP to Protect Your Intellectual Property
STEP 2: Record
CBP IPR’s e-Recordation program is administered by the IPR Branch within the Regulations and Rulings
Directorate, Office of Trade. For instructions and access to the online application visit
Trademark. You must have a valid trademark registration published on the Principle Register of the
USPTO, www.uspto.gov, in order to record with CBP. The fee for e-Recordation is $190 per International
Class of Goods (IC). The recordation will remain in force concurrently with the underlying USPTO
registration, if renewed along with the USPTO registration.
Copyright. You must have a valid copyright registration with the USCOP, www.copyright.gov, or
evidence of a pending application for registration, in order to record with CBP. The fee for e-Recordation
is $190 per copyright. The recordation will remain in force concurrently with the underlying copyright
registration, if renewed with CBP every 20 years.
Renewal. Recordations can be renewed for another term for the fee of $80 per International Class for
trademarks, and $80 per copyright.
IPRS Public Search. IPRS is a searchable database containing public versions of CBP recordations.
Recordations can be searched by keywords and Boolean operators. http://iprs.cbp.gov
Please contact us to discuss your particular matters; our attorneys are ready to assist you. Call us at (212) 837 -2600 or email us at email@example.com.