Registering your valuable trademark at the U.S. Patent Office is the first step. Next, actively monitor imported goods and services at the border to detect those who want to compete unfairly by infringing your hard-won rights.
Did you know that the U.S. government is ready and available to seek out competitors who unfairly compete using your valuable trademark? It will, if you record your trademark with U.S. Customs and Border Protection, or CBP.
U.S. Customs and Border Protection controls entrance of people and goods into the U.S. CBP conducts operations at 328 Ports of Entry and operates 20 Field Offices. CBP is the largest component of the Department of Homeland Security.
CBP has the legal authority to determine infringement of trademarks, trade names, and copyrights at the U.S. border pursuant to the Tariff Act of 1930, the Lanham Act of 1946, the Copyright Act of 1976, and the Digital Millenium Copyright Act of 1998.
CBP policy dictates that CBP focus enforcement efforts on registered trademarks and copyrights which are recorded with CBP. CBP is authorized to exclude from entry, detain and/or seize merchandise that infringes federally registered and recorded trademarks. CBP may also exclude from entry merchandise infringing trade names and copyrights.
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).
In short, recording your valuable trademark is a valuable next step. Trademark PRO provides recording for a one-time fee of $390, including payment of a $190 U.S. government fee. Record your trademark using Trademark PRO today.