How Recordation Can Help Protect Your Intellectual Property Rights

US 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 http://iprr.cbp.gov/

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

About the Author: Mr. Henry Li is the co-founder, co-managing partner of YK Law LLP and head its China Practice. He is also a partner of Beijing Yingke Law Firm, the largest law firm in China. Henry Li practices principally in the areas of corporate and international law, with emphasis on cross-border and joint venture transactions, international sales and distribution transactions, technology transfers and licensing, cross-jurisdiction dispute resolutions etc. Mr. Li has extensive experience in transactions between China and the U.S. He is graduated from Maurer School of Law, Indiana University Bloomington; and holds bar license in the People's Republic of China. He resides in Southern California.

Please contact Mr. Henry Li to discuss your particular matters. Call (212) 837 -2600 or email at info@yklaw.us.