IPRR INTELLECTUAL PROPERTY RIGHTS e-RECORDATION

U.S. Customs & Border Protection e-Recordation Program

How to Obtain Border Enforcement of Trademarks and Copyrights

United States Customs and Border Protection (CBP) has the authority to detain, seize, forfeit, and ultimately destroy merchandise seeking entry into the United States if it bears an infringing trademark or copyright that has been registered with the United States Patent and Trademark Office (USPTO) or the United States Copyright Office (USCOP), and has subsequently been recorded with CBP. As an intellectual property right (IPR) owner, you can partner with CBP to receive border enforcement of your registered trademarks and copyrights through CBP’s e-Recordation Program.

New Recordation Renewal Change of Ownership Change Point of Contact Check Status Request 3 Month Extension

Eligibility & Fees

In order to record with CBP you must have a valid trademark registration published on the Principle Register of the United States Patent and Trademark Office (USPTO). The fee for e-Recordation is $190 per International Class of Goods (IC), per trademark registration. The recordation will remain in force concurrently with the underlying USPTO registration, if renewed along with the USPTO registration.
USPTO
In order to record with CBP you must have a valid copyright registration with the United States Copyright Office (USCOP) . The fee for e-Recordation is $190 per copyright. The recordation will remain in force concurrently with the underlying copyright registration, if renewed with CBP every 20 years.

USPTO
You may record pending copyright registrations for a period of 6 months by emailing IPRRQuestions@cbp.dhs.gov and providing proof that you have filed an application with the United States Copyright Office (USCOP).
Recordations can be renewed for another term for the fee of $80 per International Class of Goods (IC) for trademarks, and $80 per copyright.
Once a recordation has expired, the right holder has 90 days to renew. Beyond this 90 day period, should the right holder wish to revive their recordation in order to receive border enforcement, they will have to apply anew and pay the standard fee for new recordations.
Expired 90 Days

Trademarks that are recorded with CBP are eligible for gray market protection where:

  • (1) the U.S. and foreign trademarks are not owned by the same person, and
  • (2) the U.S. and foreign trademark owners are not a parent or subsidiary, or otherwise subject to common ownership or control.
See 19 C.F.R. §133.23.

The recordation holder must apply for such protection with the Intellectual Property Enforcement (IPE) Branch of Regulations & Rulings at HQIPRBranch@cbp.dhs.gov.

Trademarks that are not eligible for gray market protection because of common ownership or control between the U.S. owner and a foreign owner may request that CBP restrict the importation of gray market goods which are “physically and materially different” from goods intended for sale within the U.S. by requesting Lever-rule protection. See Lever Brothers Co. v. U.S., 981 F.2d 1330 (1993). To qualify for this type of protection the trademark registration must be owned, or jointly owned, by a U.S. citizen. Trademark recordation holders who wish to obtain Lever-rule protection for specific products must make a request to HQIPRBranch@cbp.dhs.gov and (1) state the basis for this claim with particularity; (2) support the claim by competent evidence; and (3) provide CBP with summaries of the alleged physical and material differences that exist between the merchandise authorized for sale in the United States and those intended for other markets. “Physical and material” differences between merchandise authorized for sale in the United States and those intended for other markets may include, but are not limited to:
  • The specific composition of both the authorized and gray market product(s) (including chemical composition)
  • Formulation, product construction, structure, or composite product components, of both the authorized and gray market product
  • Performance and/or operational characteristics of both the authorized and gray market product
  • Differences resulting from legal or regulatory requirements, certification, etc.
  • Other distinguishing and explicitly defined factors that would likely result in consumer deception or confusion as proscribed under applicable law
See 19 C.F.R. §133.2(e).

CBP will publish a notice listing the trademark(s) and specific product(s) for which Lever-rule protection has been requested and granted in the Customs Bulletin.

Payment

CBP encourages payment by credit card, as it expedites the application process. Due to the COVID-19 pandemic, CBP is not accepting payment by check until further notice.
Payment Options

Making Changes to your Recordation

To update the information in an existing recordation, such as changing the Point of Contact, licensees or countries of manufacture, a request must be made on company letterhead and emailed to IPRRQuestions@cbp.dhs.gov indicating all recordation numbers for which the change is requested.

Programs Available to Recordation Holders

Visit https://www.cbp.gov/trade/priority-issues/ipr/protection for a description of all of the resources and programs available to recordation holders to partner with CBP in helping to enforce their intellectual property rights at the border.

IPRS Public Search

Public versions of CBP recordations are available online via the Intellectual Property Rights Search System (IPRS).

IPRiS Internal Database

The Intellectual Property Rights Internal Search System (IPRiS) contains all of the information submitted by the right holder, and is only accessible by CBP personnel and other U.S. government personnel that have a need to know.

Additional Notes

30 Minute Time-out

The system will time-out after 30 minutes of inactivity on a single page, and incomplete applications will not be saved. Accordingly, please complete the application before exiting the system. Should your session time-out, please contact IPRRQuestions@cbp.dhs.gov and request that the application be deleted so that you can begin anew.

Retain for Your Records

Once you submit your application you can no longer access it, so we recommend that you "screen print" each page of the application and retain it for your records.

Paperwork Reduction Act Statement

An agency may not conduct or sponsor an information collection and a person is not required to respond to this information unless it displays a current valid OMB control number and an expiration date. The control number for this collection is 1651-0123. The estimated average time to complete this application is 2 hours per respondent. If you have any comments regarding the burden estimate you can write to U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Intellectual Property Rights Branch, 90 K Street, N.E., 10th Floor, Washington, D.C. 20229-1177.

Privacy Act Statement

Please click Privacy Act Statement to view the Privacy Act Statement for IPRR.

Change Point of Contact (POC)

To change the designated Point of Contact for your recordation please submit the request on your firm/company’s letterhead listing each recordation number that you are seeking to modify and the complete:

  • name
  • address
  • telephone number
  • email address

of the newly designated Point of Contact to IPRRQuestions@cbp.dhs.gov.

Please Note: To change the ownership of a recordation, click the button below:

Change of Ownership