Many business owners understand the importance of protecting their intellectual property through trademarks and copyrights. These registrations represent real investments of time, money, and strategic planning. Once those rights are secured, they can be leveraged to actively prevent infringement. When infringing products originate overseas, one of the most effective enforcement tools available is recordation of intellectual property with U.S. Customs and Border Protection (CBP).

CBP is the frontline agency that inspects shipments entering the United States. Through its IP recordation system, CBP allows owners of registered trademarks and copyrights to record those rights with the agency. While CBP does not grant new IP rights, recordation enables CBP officers at U.S. ports of entry to use existing rights as a basis to identify, detain, seize, and ultimately prevent infringing or counterfeit goods from entering the U.S. market. This proactive, upstream enforcement mechanism often stops infringing products before they ever reach the U.S. market. For businesses that manufacture abroad or face competition from overseas knockoffs, this can be an important tool to protect their IP.

Once IP is recorded with CBP, the rights holder provides information that helps customs officers distinguish genuine goods from infringing ones. This typically includes images of authentic products, descriptions of packaging and labeling, details about authorized manufacturers and licensees, and known indicators of counterfeits. With this information in hand, CBP officers are better equipped to spot suspicious shipments during routine inspections. When a CBP officer encounters goods that appear to infringe a recorded trademark or copyright, those goods may be detained for further examination. Both the importer and the rights holder are notified, and CBP may share photographs or other identifying information with the rights holder to assist in confirming whether the goods are infringing. Once infringement is confirmed, the products can be seized and forfeited, meaning they never reach the U.S. market. In many cases, the seized goods are destroyed. Additionally, repeat offenders may face increased scrutiny or penalties.

This process offers meaningful advantages in enforcement efforts. Border enforcement is often far more cost-effective than pursuing infringement after products have entered the market, where enforcement may require lengthy investigations, takedowns, or litigation:

• For trademarks, the CBP recordation fee is $190 per class of goods, recordation remains in effect for the life of the underlying registration, and renewal aligns with the trademark’s renewal schedule; CBP charges $80 per class to renew the CBP recordation.
• For copyrights, the recordation fee is $190 per copyright with a 20‑year term, and renewal is $80 per copyright.

These administrative fees are modest compared to the cost of chasing counterfeiters in the marketplace. CBP recordation can also act as a deterrent. Importers and foreign manufacturers are less likely to target brands that are known to be actively recorded and enforced at U.S. borders. By stopping infringing goods before they reach distributors or consumers, businesses can better protect brand reputation, pricing, and customer trust.

It is important to note that there are limits to CBP. CBP cannot catch every infringing shipment, and border enforcement works best when officers are provided with current and detailed product information. Recordation complements litigation, takedowns, and investigations; it does not replace them. The scope also matters: CBP enforces recorded trademarks and copyrights, while patents are enforced at the border only when there is a U.S. International Trade Commission exclusion order in place.

As with any enforcement strategy, CBP recordation is most effective when it is implemented thoughtfully and maintained over time. For businesses considering this option, guidance on what rights can be recorded, how to present products to CBP, and how to respond when potential counterfeit activity arises can make a meaningful difference. As part of a broader IP strategy, CBP enforcement can be a practical and valuable tool for protecting investments and preserving brand integrity.