What are CBP’s border enforcement options?
CBP’s border enforcement options for imported products found to infringe trademarks include:
– Initiating enforcement actions (detention, seizure and/or forfeiture);
– Assessing monetary penalties against violators (up to twice the MSRP of the genuine merchandise).
What’s the difference between Registration and Recordation?
Registration is an action by the U.S. Patent and Trademark Office to issue a valid, federally registered U.S. Trademark. Recordation is an action by the U.S. Customs and Border Protection in order to protect against importation of infringing goods and merchandise.
What is the effective date of recordation with CBP?
Recordation and protection is effective on the date the application is approved, as shown on the recordation notice issued by CBP.
What is the term of recordation with CBP?
The term is concurrent with the 20-year current registration period or last renewal in the U.S. Patent and Trademark Office.
What will the CBP do with counterfeit imported merchandise?
Foreign-made merchandise bearing the protected trademark that are imported into U.S. will be detained, and are subject to seizure and forfeiture. CBP will destroy the merchandise unless the trademark owner consents otherwise. If any counterfeit merchandise is safe, poses no health hazard, and the trademark owner consents, CBP may obliterate the counterfeit mark and dispose of the seized goods by:
– delivering the goods to another government agency,
– donating the goods to charitable institution, or
– selling the goods at public auction.