If you sell a physical product, you already know the hard part: design, manufacturing, inventory, reviews, repeat customers.
Then the knockoffs show up. Or as the cool kids say, the “dupes.” Except these dupes have your brand name, your logo, or something that looks a lot like it.
And they don’t just steal sales. They damage your reputation, trigger refund demands, and push your prices down into a race to the bottom.
But here’s the part most business owners miss: U.S. Customs and Border Protection (CBP) can actually help stop infringing goods at the border, but only if your trademark is registered and properly recorded.
What CBP Trademark Enforcement Actually Does
CBP’s intellectual property enforcement is focused on imports. In plain terms, if CBP encounters shipments that appear to infringe a recorded trademark, CBP can stop them and (in many cases) seize them. [LINK: U.S. Customs and Border Protection]
That “recorded” part is critical. CBP isn’t searching the internet for your brand name– they rely heavily on the information you provide through recordation and good old teamwork. This means providing them with info and details that they need to help protect the public from infringing goods—and preserve your brand’s good reputation.
Here’s the step-by-step:
Step 1: Get a Federal Trademark Registration on the Principal Register
This is where product-based businesses need to focus from day 1. To record a trademark with CBP, you generally need a valid federal trademark registration on the USPTO’s Principal Register (not the Supplemental Register). If your mark is on the Supplemental Register, make sure you’re applying to move to the Principal Register as soon as you are eligible.
Common “almosts” that don’t unlock CBP help include:
- a business entity name (filed with your state)
- a domain name
- a logo you’ve used for years without federal registration
- a state trademark filing
If your goal is border enforcement, your trademark filing strategy should be built for enforcement from day one—meaning securing those strong registrations!
[LINK: Trademark Lawyers ]
Step 2: Record the Registration Using CBP’s IPR e-Recordation System
Once the mark is registered, businesses should record it with CBP through CBP’s Intellectual Property Rights (IPR) recordation program (often called e-Recordation / IPRR). [LINK: iprr.cbp.gov ]
“Recordation” gets your trademark into the system CBP uses to help identify and stop potentially infringing imports.
Fees (and why classification matters)
CBP charges an administrative fee for trademark recordation that is assessed per international class of goods—the same “Goods and Services” classes we used for your trademark application!
If your trademark filing uses the wrong classes or misses key product categories, you can end up with:
- extra recordation costs, or
- coverage gaps that counterfeiters exploit
That’s why when we prepare a trademark application, we spend so much time researching and determining the best classes to detail “what goods are covered” by your registration.
Step 3: Give CBP What They Need to Spot Fakes Fast
CBP officers are inspecting a huge volume of shipments. The easier you make it for them to identify your brand, the more likely you are to get meaningful results.
CBP’s own best-practices guidance emphasizes collaboration and practical information that helps officers distinguish genuine goods from counterfeits. Some “best practices” include:
- clear photos of authentic products and packaging
- close-ups of logos, hang tags, labels, and security features
- known counterfeit “tells” (misspellings, wrong materials, bad placement)
- authorized manufacturers and licensees (as applicable)
- common shipping routes or origin patterns you’ve seen
Compare to these common mistakes that slow down action.
- Missing or unclear product images
- No guidance on how to distinguish authentic vs counterfeit
- Outdated licensee/manufacturer info
- Not updating recordations when the business makes major changes.
This is one of those areas where “more” isn’t always better. Clear, organized, and specific beats a giant dump of images and claims. Your lawyer can help put together a strong CBP packet!
CBP enforcement is not a substitute for an overall enforcement plan. But when it’s set up well, it’s one of the best ways to cut off counterfeit supply at a critical chokepoint.
What Happens When CBP Detains a Suspected Infringing Shipment
CBP procedures are very detailed in the regulations, but here’s the practical overview:
- CBP can detain goods it believes are subject to trademark restrictions.
- Detention is generally for up to 30 days while the issue is evaluated.
- If the goods are identified as counterfeit, CBP starts the seizure and forfeiture steps under the applicable legal processes.
Translation: CBP can stop infringing goods before they ever reach your customers—when your rights are enforceable, and your recordation is done correctly.
Who This Matters Most For
CBP recordation is especially valuable if you:
- manufacture overseas or compete with overseas factories
- sell on Amazon/Walmart/Etsy/Shopify, where counterfeits spread fast
- have strong packaging and brand indicators that CBP can recognize
- are seeing copycats pop up right after a product launch
If your product is physical, your trademark is not just a branding asset. It’s leverage—especially at the border.
So what’s next?
If you want CBP to help stop infringing imports, the sequence matters:
- File the trademark the right way (with enforcement in mind)
- Get the registration on the Principal Register
- Record it with CBP
- Support CBP with clear identification info and updates over time
The good news? You’ve got Way Law on your side. We can review your products, identify gaps in your trademark portfolio, and create a trademark plan that supports CBP enforcement. Reach out today and let us craft an IP plan that preserves what you’ve worked so hard to build!