Trademark registration in the United States is considered the "gold standard" for make owners and is vital in any constructive make protection program, but did you know that you can besides annals your trademarks with the U.South. Customs and Edge Protection? U.Due south. Community has the ability to seize and destroy counterfeit or non-genuine items before they ever enter the U.Due south. marketplace. Apocryphal products irreparably impairment brands, and it is often also tardily to repair your make'southward reputation, once a consumer has a bad experience with a apocryphal product.

Trademarks are not automatically registered with U.Southward. Community. Brand owners must accept proactive steps to register their trademarks with U.S. Customs, in order to gain this extra layer of protection.

How the U.S. Community and Border Protection'due south due east-Recordation Program Protects Trademarks

U.S. Customs has multiple programs to combat counterfeiting, only few are equally helpful every bit the "e-Recordation Program," which provides U.Due south. Community with information about who should (and shouldn't) be sending branded products into the U.Southward. Applicants for eastward-Recordation can submit a "condom list" of approved vendors and manufacturers and provide U.S. Customs with detailed information on spotting a genuine, branded product versus a potential simulated. Applicants can likewise provide photographs of the products.

When tin I register with U.S. Community and how much does it cost?

Make owners can file with U.S. Customs and Border Protection any time after they obtain a registered trademark in the U.Southward. For U.S. Customs trademark registration , the government fee is $190 per international class of goods, and the filing lasts for ten years. Trademark owners must renew the e-Recordation within 90 days of the cease of the 10-year period. The price to renew e-Recordations is $80 per marking.

The Information Needed to Utilise for the U.Due south. Community e-Recordation Programme

In order to receive the benefits of this underused trademark protection strategy, you must provide U.South. Customs and Edge Protection with the following information. It is vitally of import that trademark owners fill out the initial awarding accurately. If an owner does not provide the correct information, genuine products could be held at the border for inspection, delaying customer deliveries.

  1. U.South. Trademark Registration Number (must be registered, not pending)
  2. Countries where goods bearing the genuine trademarks are manufactured
  3. Names of whatsoever parent, subsidiaries, or affiliates of the trademark owner, if whatever.
  4. Names and addresses of all authorized manufacturers.
  5. Licensees who are authorized to use the trademark.
  6. Additional authentication information, to be made available to CBP personnel. This may include anti-counterfeiting measure such as hidden authentication features, conventions for UPC serialization, the format of production numbers, etc. It tin be classified equally any special information that may help community identify infringement.

How to Ensure Your e-Recordation Registration Continues to Protect Your Trademarks

Once the application is accepted and recorded in the due east-Recordation Program, customs agents will begin including the trademark information when they screen cargo and packaging coming into the U.Southward. If they flag a potential apocryphal product, the agent will alarm the trademark owner and will allow them to review information technology for authenticity. Trademark owners can also report any violations or suspicions concerning imported goods to help ensure that U.S Customs catches non-genuine goods at the ports of entry.

Create Production Identification (ID) guides for U.S. Community Agents.

Once registered, brand owners can provide materials to brainwash U.S. Community on what constitutes infringement in their corresponding fields. Trademark owners tin can create product identification guides, offering training at ports of entry, or record webinars, that U.Southward. Customs will include in training for future custom agents.

Product ID Guides are comprehensive guides, which include detailed descriptions of the brand'southward manufacturers, distributors, and other partners, fabricated solely for U.Due south. Customs. Production ID Guides are non available to the public. These guides can likewise identify known or declared past infringers, descriptions of doubtable appurtenances, and lists of U.S. ports of entry where those goods may be entering the U.South. (if known). U.S. Customs provides a sample guide on their website.

Train U.Southward. Customs Agents to place counterfeit products.

Registered brand owners can also deport in-person and online training to U.S. Community personnel in the field to provide hands-on examples and other training information to the agents examining cargo and packages. Each option provides trademark owners a customizable way to ensure that U.Southward. Customs agents can spot fakes and non-genuine products. These steps add a level of liability and reassurance for registered intellectual belongings owners.

Update your application when necessary.

U.S. Community and intellectual property owners need to be on the same page apropos the marking'southward ownership and protection. Be sure to update your application with any pertinent business updates, such every bit address and website changes, and other relevant information. If the trademark is ever assigned to or purchased by a new visitor, the assignment must be recorded with not simply the USPTO, but also with U.South. Customs.

If you already have a federal trademark registration, make sure you file an application with the U.S. Community e-Recordation program, which offers invaluable edge protection to ensure an owner'due south intellectual property is protected on all fronts. If you have any questions on the e-Recordation program, need aid filing an application, or would like to discuss more means to protect your mark, delight contact an chaser from Gerben IP today.