U.S. Customs and Border Protection (CBP) devotes substantial resources to target, intercept, detain, seize and forfeit shipments of Intellectual Property Rights-violative goods. CBP seeks to accomplish its enforcement goals through the cooperative efforts of enforcement officers, other government agencies, and the trade community.

     The first step for an importer to obtain IPR protection by CBP is to "record" validly registered trademarks, copyrights and trade names with CBP. "Recordation" refers to the process by which CBP collects information from an intellectual property owner about specific registered trademarks, copyrights, or trade names, and then enters that information into an electronic database accessible by CBP officers across the country. CBP uses this recordation information to actively monitor shipments and prevent the importation or exportation of infringing goods.

     CBP recently launched the Intellectual Property Rights e-Recordation (IPRR) online system that it says will allow right holders to electronically file IPR recordation applications. This new method for filing initial trademark and copyright recordation applications is designed to greatly decrease the amount of time and paperwork normally required, and permit faster enforcement of an importer’s intellectual property rights. According to CBP, the benefits of IPPR include:

• Reduction in processing time as compared with paper applications.


• Elimination of paper applications and supporting documents.


• Copies of the certificate issued by the registering agency (U.S. Patent and Trademark Office or the Copyright Office) are retained by the right holder, not submitted to CBP.


• Payment by credit card (preferred), check or money order.


• Ability to upload images of the protected work or trademark, thus obviating the need to send samples to CBP.


• Reduced time from filing of the application to enforcement by field personnel.

Neville Peterson LLP, a law firm based in New York City and Washington, D.C. and concentrating in international and domestic trade regulation matters, can help importers protect their IP rights. We represent clients with respect to issues arising under various international trade laws, including protection of trademarks and copyrights in international trade, Section 337 unfair trade practice proceedings before the United States International Trade Commission, and the regulation of counterfeit and “gray market” imports. We assist importers with trademark, trade name and copyright recordation applications and renewals, including the new online procedures. Please call John Peterson (jpeterson@npwny.com) or Matt Shaw (mshaw@npwny.com) at (212) 635-2730 if we may be of assistance.

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