Using U.S. Trademark Registrations to Block Infringing Imports at the Border

By George Likourezos, Esq.

Partner, Intellectual Property Attorney at Carter, DeLuca & Farrell LLP

In an increasingly globalized economy, U.S. trademark owners face constant threats from counterfeit and infringing goods entering the country. These unauthorized imports not only harm brand reputation and reduce legitimate sales but can also endanger consumers. Fortunately, federal trademark registration offers a powerful enforcement tool: the ability to work with U.S. Customs and Border Protection (CBP) to block infringing goods at the border.

How CBP Enforces Trademark Rights

CBP, through its Intellectual Property Rights Enforcement Program, has the authority to detain and seize infringing or counterfeit imports under the Lanham Act and related regulations. However, CBP action is only triggered when a trademark is properly registered with the U.S. Patent and Trademark Office (USPTO) and separately recorded with CBP.

Step 1: Secure Federal Trademark Registration

To enforce rights at the border, trademark owners must first register their marks on the USPTO’s Principal Register. Only active, valid registrations are eligible. Trademarks may include logos, product packaging, slogans, or even product configurations.

Step 2: Record the Trademark with CBP

After obtaining a registration, the next step is to record it with CBP using their e-Recordation system at https://iprr.cbp.gov. The process includes submitting a copy of the registration, paying a $190 fee per class of goods, and providing detailed information such as product images, manufacturing locations, known infringers, and authorized distributors.

Step 3: Provide CBP with Enforcement Tools

CBP relies on the trademark owner’s guidance to identify infringing goods. Owners should supply:

• Photos of genuine vs. counterfeit goods
• Packaging details and serial number ranges
• A list of authorized importers
• Information on material differences in gray market goods

Owners can also offer training to CBP officers to improve detection.

CBP Enforcement Actions

When CBP identifies a suspected infringement, it may detain the shipment, notify the trademark owner, and ultimately seize and destroy infringing goods. Repeat offenders may face civil fines or criminal penalties. Even “gray market” goods may be blocked if they are materially different from authorized U.S. versions.

Why Border Enforcement Matters

Registering and recording trademarks with CBP enables:

• Early interception of infringing goods
• Cost-effective enforcement without litigation
• Brand and consumer protection
• Strong deterrence to infringers

This tool benefits not only large corporations but also startups and mid-sized businesses vulnerable to knockoffs.

How Carter DeLuca & Farrell Can Help

At Carter DeLuca & Farrell LLP, we help brand owners maximize the value of their trademarks by guiding them through every step of the enforcement process. From securing U.S. registrations to recording them with CBP and preparing enforcement materials, we assist clients in building strong trademark protection strategies. Our team also works with CBP officers to train them on identifying counterfeit goods and supports businesses in developing international enforcement plans. If you’re looking to protect your brand at the border and beyond, we can help you take proactive steps to stop infringement before it reaches U.S. consumers.

For a free consultation on any intellectual property matter by the law firm of Carter, DeLuca & Farrell LLP, made available through Spotlight Family Office Group, please contact us at Info@SpotlightFamilyOffice.com.