Record Your Trademark with U.S. Customs and Stop Counterfeits at the Border
A federal registration gives you the right to stop counterfeits. Recording it with U.S. Customs and Border Protection (CBP) puts that right to work at every port of entry, where officers can detain and seize infringing imports before they reach a warehouse, a marketplace, or a customer. For brands that manufacture abroad or sell through Miami's port and airport, it is the natural next step after registration.
Your registration, in CBP's enforcement system
CBP examines millions of shipments a year at seaports, airports, express hubs, international mail facilities, and land crossings. Officers can only protect the marks they know about. Recordation adds your registration to the database CBP officers use at every port, with your images, your authorized manufacturers, and the details they need to recognize genuine goods.
Once a mark is recorded, CBP can detain imports bearing a counterfeit or confusingly similar mark, share information and samples with you so you can confirm what they are, and seize and forfeit counterfeit goods. Importers of counterfeits can also face civil fines. Without recordation, CBP can still act against obvious counterfeits, but it has no record of your rights or your supply chain to work from.
The agency is U.S. Customs and Border Protection. The Border Patrol is a separate part of CBP that works between ports of entry; it does not handle trademark recordation.
Who benefits most
- Brands that manufacture in China, Vietnam, or elsewhere in Asia, where most seized goods originate
- Latin American and European exporters whose products are copied for the U.S. market
- Fashion, jewelry, watch, cosmetics, electronics, and consumer-product brands
- Amazon and marketplace sellers fighting counterfeit inventory shipped into U.S. fulfillment centers
- Owners whose authentic goods are being imported through unauthorized channels
What happens when a suspect shipment arrives
- At entryTargeting and examCBP flags the shipment using recordation data, risk targeting, or a tip.
- DetentionGoods heldOfficers detain merchandise bearing a suspect mark.
- NoticeImporter notifiedThe importer may show the goods are authentic or authorized.
- DisclosureOwner contactedCBP may share images, markings, and samples so you can confirm authenticity.
- DecisionSeizureGoods found counterfeit are seized and forfeited, and the owner is told who imported them.
- AfterNext stepsCivil penalties against the importer, and leads for your own enforcement.
Detention, notice, and disclosure follow the timelines in 19 C.F.R. § 133.21. CBP decides each case; the owner's role is to answer CBP's requests quickly and accurately.
What can be recorded with CBP
Recordation is open only to rights that are already registered. A pending application is not enough, which is one more reason to file federally as early as possible.
| Right | Can it be recorded? | Notes |
|---|---|---|
| Federal trademark, Principal Register | Yes | Word marks, logos, and design marks. Each class is recorded and paid for separately. |
| Registered trade dress, Principal Register | Yes | Product shapes and packaging registered under Section 2(f) or as inherently distinctive packaging. See Federal Trade Dress Applications. |
| Registered U.S. copyright | Yes | Recorded separately, $190 per copyright. Useful for fabric prints, packaging art, and product graphics. |
| Pending USPTO application | No | Record as soon as the registration issues. |
| Supplemental Register registration | No | Excluded by 19 C.F.R. § 133.1(a). |
| Florida or other state registration | No | CBP enforces federal rights only. See Florida State Trademarks. |
| Foreign registration only (EUIPO, IMPI, INPI, others) | No | A U.S. registration is required, including a U.S. registration that came from a Madrid designation. |
Counterfeit seizures at the U.S. border, FY 2020 to FY 2025
CBP's own figures show why recordation matters. Seizures rose from 10.4 million items in FY 2020 to 78.4 million in FY 2025, and the retail value of the goods seized reached $7.4 billion. How counterfeiters ship also changed after the de minimis exemption for low-value parcels was suspended.
Counterfeit and infringing items seized at the border
Items CBP seized for trademark and copyright violations each fiscal year, in millions. FY 2025 was more than seven times FY 2020.
Retail value of the goods seized
MSRP of the genuine goods, in billions of dollars. Up from $1.3 billion in FY 2020 to $7.4 billion in FY 2025.
Active recordations CBP enforces
Trademark and copyright recordations in force each fiscal year. Roughly 19,000 recorded rights stand behind tens of millions of seizures.
CBP reports the number of active recordations it enforces, not the number filed each year. The axis starts at 17,000 to show year-to-year change.
What was seized in FY 2025, by retail value
Jewelry, watches, and handbags have led by value for four years running.
View data table
| Fiscal year | Items seized | MSRP of goods seized | Active recordations | Other enforcement actions |
|---|---|---|---|---|
| FY 2020 | 10.4M | $1.31B | 18,757 | — |
| FY 2021 | 50.6M | $3.33B | 20,756 | — |
| FY 2022 | 24.8M | $2.98B | 18,857 | — |
| FY 2023 | 23.0M | $2.76B | 19,886 | — |
| FY 2024 | 32.4M | $5.42B | 19,093 | 99,959 |
| FY 2025 | 78.4M | $7.40B | 19,121 | 88,167 |
How seized goods arrived in FY 2025
Share of items seized, by mode of transport. Most seizures used to be small parcels. With the de minimis exemption suspended for China and Hong Kong in May 2025 and for all countries in August 2025, counterfeiters moved to container cargo.
About these figures. U.S. Customs and Border Protection, Intellectual Property Rights Seizure Statistics, Fiscal Years 2024 (Publication 3964-0125) and 2025 (Publication 5471-0326). A dash means CBP did not report the figure in these publications. Fiscal years run October 1 to September 30. MSRP is the value of the genuine goods, not the counterfeits.
How we record your trademark with CBP
Applications are filed online through CBP's Intellectual Property Rights e-Recordation system. Most of the work is gathering accurate supply-chain information, because that is what lets officers separate genuine shipments from fakes.
- Day 1Confirm the registrationPrincipal Register, current, owner of record correct, classes to record selected.
- 1–2 weeksMap the supply chainPlaces of manufacture, authorized manufacturers, licensees, and related foreign companies.
- With mappingPrepare imagesClear images of the mark and of genuine goods and packaging.
- Filing dayFile in e-Recordation$190 per class, paid online.
- After approvalRecordation activeYour mark appears in CBP's database at every port.
- OngoingProduct guide and trainingAn identification guide and, where useful, training for officers.
- With each renewalKeep it currentRenew with the USPTO registration and update ownership or licensees.
What CBP asks for
Ownership and rights
- Owner's name, address, citizenshipRequired
Must match the USPTO record. Record any assignment with the USPTO first.
- Registration detailsRequired
Registration number and each class to be recorded.
- Related foreign companiesRequired
Any parent, subsidiary, or commonly owned company that uses the mark abroad.
Where genuine goods come from
- Places of manufactureRequired
Countries and factories where goods bearing the mark are made.
- Authorized users abroadRequired
Licensees and foreign users of the mark, and the scope of their use.
- Keep it updatedCommon gap
Out-of-date factory or licensee lists slow detentions and can lead to genuine goods being held.
Helping officers decide
- Images of the mark and goodsRequired
Clear photos of genuine products, labels, and packaging.
- Product identification guideRecommended
How to tell genuine from fake: materials, codes, labels, packaging, pricing, and usual routes.
- Contact for CBPFast response
A person who can answer authenticity questions within CBP's deadlines.
CBP fees and term
A recordation stays in force as long as the underlying federal registration and is renewed along with it. If the USPTO registration lapses, the recordation goes with it.
Example: a fashion brand registered in Classes 18, 25, and 35 that records the two goods classes, 18 and 25, pays $380 to CBP. Services classes are usually not recorded, because CBP inspects goods.
Recordation for Latin American and European brands
Foreign brands record with CBP on the same terms as U.S. brands, but only once they hold a U.S. registration. A Madrid designation of the United States counts once it matures into a U.S. registration. A home-country registration alone does not.
Foreign owners usually have the most complex supply chains to describe: a manufacturer in one country, a distributor in another, and a U.S. importer of record. Getting that information right is what keeps CBP from holding your own genuine shipments.
Points we cover for foreign owners
- Matching the recordation owner to the U.S. registrant, not a local distributor
- Listing every authorized manufacturer and U.S. importer
- Gray-market exposure when the same brand is sold in different versions across Latin America or Europe
- A U.S. contact who can answer CBP in English within its deadlines
Latin American Brands · European Brands · Madrid: Designations of the U.S.
Five common mistakes with CBP recordation
Recordation is inexpensive and quick to file. Its value depends on what happens after filing.
Never recording at all
Many owners assume a USPTO registration alone puts CBP on notice. It does not. Without recordation, officers have no database entry, no images, and no contact for your brand.
Unrecorded marksRecord each registration that covers goods as soon as it issues.
Recording the wrong classes or owner
Recording only one class when counterfeits appear in another, or recording in the name of an affiliate that does not own the registration, leaves gaps CBP cannot fill.
Scope · ownershipRecord every goods class that counterfeiters target, in the name of the registered owner.
No product identification guide
Officers see thousands of brands. Without a guide showing how genuine goods differ, they may release fakes or hold genuine shipments.
Officer guidanceGive CBP a concise guide with photos, markings, and supply-chain facts, and update it when products change.
Missing CBP's requests
When CBP asks for authenticity information or sends samples, the window to respond is short. Slow answers can mean released goods.
Response deadlinesName a responsive contact and route CBP notices to counsel the same day.
Letting the recordation lapse
The recordation follows the USPTO registration. A missed Section 8 or renewal filing ends both, along with the brand's border protection.
RenewalDocket USPTO and CBP renewals together and file both on time.
Frequently asked questions
Do I record my trademark with the Border Patrol?
No. Trademarks are recorded with U.S. Customs and Border Protection (CBP) through its e-Recordation system. The Border Patrol is a separate part of CBP that works between ports of entry and does not handle recordation.
Can I record a trademark that is still pending?
No. CBP records only registrations on the USPTO Principal Register. File federally early so the registration is ready when you need border protection.
How much does CBP recordation cost?
The government fee is $190 for each class recorded, and $80 per class to renew. Attorney fees are separate.
How long does a recordation last?
It stays in force as long as the federal registration and is renewed along with it.
Will CBP tell me when it seizes counterfeits?
Yes. When CBP seizes goods bearing a recorded counterfeit mark, it notifies the owner and provides information such as the importer's identity and the quantity seized.
Can a Florida trademark be recorded with CBP?
No. CBP enforces federal registrations only. A Florida registration can be paired with a federal one, which can then be recorded.
Does recordation stop counterfeits sold on Amazon?
It can stop counterfeit inventory at the border before it reaches U.S. fulfillment centers. Listings already on Amazon are handled through Amazon Brand Registry.
Add customs recordation to your registration
Send us your U.S. registration number and a short description of where your goods are made. We will confirm eligibility, the classes to record, and the information CBP will need.
- CBP e-Recordation for trademarks and copyrights
- Product identification guides for officers
- Responses to CBP detention and authenticity requests
- Gray-market (Lever-rule) applications and renewals