Customs and Border Protection Recordation: Stopping Infringing Goods at the Border

For brand owners confronting global counterfeiting and unauthorized importation, enforcement at the border is often the most effective—and efficient—line of defense. Recordation with U.S. Customs and Border Protection enables federal authorities to identify, detain, and seize goods that infringe registered trademarks before they enter U.S. commerce. At Francos, we advise clients on customs and border protection recordation as part of an integrated enforcement strategy designed to disrupt counterfeit supply chains at their point of entry and protect brand integrity at scale.

CBP recordation is available for federally registered trademarks issued by the United States Patent and Trademark Office. Once recorded, a mark is entered into CBP’s enforcement systems, allowing customs officers to screen incoming shipments for potentially infringing goods. The effectiveness of recordation depends not only on registration, but on the quality of the information provided. We work with clients to develop detailed product identification guides, including images, distinguishing features, authorized manufacturer lists, and known counterfeit indicators—tools that enable CBP to act quickly and accurately in real-world inspection settings.

Strategic use of recordation extends beyond initial filing. We advise on maintaining and updating records to reflect changes in product lines, packaging, distribution channels, and authorized licensees. Regular engagement with CBP—through training materials, brand presentations, and updates on emerging counterfeiting trends—can materially enhance enforcement outcomes. By ensuring that customs officials have current and actionable information, brand owners increase the likelihood of successful interdiction.

When CBP detains or seizes suspected infringing goods, prompt and coordinated response is essential. We assist clients in navigating post-detention procedures, including confirming infringement, communicating with CBP, and pursuing further enforcement where appropriate. This may involve identifying upstream suppliers, coordinating with foreign counsel, or initiating civil actions against repeat offenders. Effective follow-through transforms isolated seizures into broader disruption of counterfeit networks.

Customs recordation also plays a key role in a comprehensive anti-counterfeiting program. Border enforcement complements other tools—such as online takedowns, cease-and-desist efforts, and litigation—by addressing the physical flow of infringing goods. We integrate these measures to ensure consistency across enforcement channels, prioritizing actions based on risk, geography, and commercial impact.

Importantly, recordation decisions should be aligned with business strategy. Not all marks or products require the same level of border enforcement, and resource allocation should reflect market exposure and vulnerability. We guide clients in identifying which assets to record, how to structure submissions, and how to coordinate with internal stakeholders and external partners to maximize effectiveness.

Ultimately, customs and border protection recordation is a proactive, high-impact tool for safeguarding trademarks. By enabling enforcement before infringing goods reach consumers, it protects revenue, preserves brand reputation, and strengthens overall IP strategy. At Francos, we provide the legal and operational guidance necessary to implement and maintain effective CBP recordation programs tailored to our clients’ global business needs.