INTERNATIONAL TRADE LAW
CBP IP Recordation: Protect Your Brand at Customs
CBP intellectual property recordation is the process of registering your federal trademark or copyright with U.S. Customs so its officers can detain and seize infringing imports at the border. It is a voluntary, low-cost step that turns your registration into active border enforcement — without recordation, CBP generally is not looking for goods that infringe your specific mark or work. This guide explains who qualifies, how recordation works, and how long it lasts.
What Recordation Does
A USPTO or Copyright Office registration gives you rights you can enforce in court. Recordation with CBP adds enforcement at the ports: once your mark or work is in CBP’s recordation database, officers can flag, detain, seize, forfeit, and ultimately destroy imported goods that infringe it. CBP’s authority to act on recorded IP rests on the trademark and copyright importation statutes — 15 U.S.C. § 1124, 17 U.S.C. § 602, and the gray-market provision at 19 U.S.C. § 1526 — implemented through 19 CFR Part 133.
Recordation is also how you put your enforcement information in front of the officers who see your goods: product identifiers, authorized importers, and points of contact all help CBP tell genuine shipments from counterfeits. This complements, rather than replaces, your private enforcement — see importing counterfeits and CBP intellectual property penalties.
What You Need to Qualify
You must already hold a federal registration. CBP recordation does not create rights; it extends enforcement of rights you already have.
| Right | Prerequisite to record |
|---|---|
| Trademark | Registered on the Principal Register of the USPTO |
| Copyright | Registered with the U.S. Copyright Office |
Marks on the Supplemental Register and unregistered (common-law) rights generally cannot be recorded, which is one more reason to complete federal registration first.
How to Record: The e-Recordation Process
CBP runs recordation through its online e-Recordation system, so the process is largely self-service:
- Create an account in CBP’s IPR e-Recordation portal.
- Enter your registration details — registration number, owner, goods/classes (trademarks) or the work (copyrights).
- Provide enforcement information — product descriptions, images, known authorized importers, and contacts that help officers identify infringing goods.
- Pay the per-registration fee and submit.
After CBP reviews and approves, your IP appears in the recordation database used by officers nationwide. Plan to keep your enforcement details current — new product lines, packaging, or authorized importers should be updated so officers are working from accurate information.
Term, Renewal, and Fees
Recordation tracks the life of your underlying registration rather than running on its own clock.
| Trademark recordation | Copyright recordation | |
|---|---|---|
| Term | Runs concurrently with the USPTO registration | Up to 20 years |
| Renewal | Renew with CBP when you renew the registration | Renew with CBP at the end of the term |
Fees are modest and set by CBP per registration (and, for trademarks, per class). As of mid-2026, CBP’s published e-Recordation fee is $190 to record and $80 per class to renew a trademark recordation — but fees change, so confirm the current amount on CBP’s e-Recordation site before you file. The practical point is durable: recordation is inexpensive relative to the cost of counterfeits reaching the market.
Frequently Asked Questions
Do I have to record my trademark with CBP if it’s already registered with the USPTO?
No — recordation is voluntary. But a USPTO registration alone does not put your mark in front of CBP officers at the ports. Recordation is what activates border enforcement for your specific mark.
Can I record an unregistered or common-law trademark?
Generally no. To record a trademark you need a registration on the USPTO Principal Register; for a copyright you need a U.S. Copyright Office registration. Recordation extends rights you already hold.
How long does CBP recordation last?
It is tied to your underlying registration. Trademark recordation runs concurrently with the USPTO registration and is renewed when the registration is renewed; copyright recordation runs up to 20 years and is then renewable.
What can CBP do with recorded IP?
CBP can detain, seize, forfeit, and destroy imported goods that infringe a recorded trademark or copyright, and can share certain information with the rights holder to support enforcement.
Recording your brand with CBP is one of the cheapest forms of import protection available — and it only works if your registrations and enforcement details are in order. Reidel Law Firm helps rights holders record and enforce IP at the border on flat-fee terms. Get a flat-fee import compliance memo.
