The U.S. Customs and Border Protection (CBP) plays a critical role in intercepting counterfeit goods before they reach American consumers. For businesses, understanding how to leverage CBP’s enforcement tools can be a game-changer. Here’s how trademark owners can strengthen their defenses in an increasingly global marketplace.
Registering trademarks with CBP is not merely a procedural step - it is a strategic advantage. By submitting official records, brands grant CBP the authority to seize infringing goods, including gray market items. This process also facilitates collaborative training sessions with CBP agents, who can refine their ability to identify counterfeit products.
Rights holders must provide detailed information, such as examples of legitimate goods, contact details, and details about authorized importers. The more comprehensive the data, the more effectively CBP can act. For instance, sharing product databases or sample items allows agents to compare imports against authentic versions, increasing the likelihood of successful seizures.
Navigating gray market goods is a complex category. These are legitimate products made abroad but not intended for sale in the U.S. They fall into two main types:
- Pure gray market goods: Products bearing the same trademark as those sold by a U.S. entity but unrelated to it. For example, a foreign company producing MARLBORO-branded cigarettes not affiliated with the Philip Morris Organization.
- Lever Rule goods: Items that are physically distinct from U.S.-market products but still infringe due to regulatory differences. A European pharmaceutical company’s drug with active ingredient concentrations not allowed in the U.S. would fall here.
CBP’s ability to seize both types hinges on accurate trademark registration. By recording trademarks with CBP, brands can proactively block these goods from entering the country.
Responding to CBP requires precision over ambiguity. When CBP requests clarification on seized goods, vague responses like “These are counterfeit” or “We don’t sell those” are insufficient. Instead, provide specific details. For example:
- “The goods are counterfeit due to subpar stitching and materials compared to our authentic products.”
- “The product number format is incorrect - it should be one letter followed by six numbers, not the reverse.”
Prompt, detailed responses - ideally within 24 hours - help CBP act swiftly. Out-of-date contact information can delay this process, so ensure all details on file are current.
Beyond the U.S., infringing goods often travel beyond borders. Brands must ensure their trademark protections are up to date with CBP and also align with enforcement mechanisms in other countries where they operate. This includes maintaining international registrations and staying informed about local laws.
Trademark confusability remains a key concern. Even products that appear legitimate can mislead consumers if they resemble genuine goods. Proactive monitoring and clear brand guidelines are essential to prevent dilution or reputational harm.
As global commerce accelerates, trademark owners must balance vigilance with adaptability. By leveraging CBP’s tools and staying informed about evolving threats, businesses can protect their brands and maintain consumer trust.
IP Defender monitors national trademark databases for conflicts and infringements, offering a proactive solution to safeguard intellectual property. With coverage across 50+ countries, including the EU, USA, and Australia, IP Defender ensures brands stay ahead of potential threats.
IP Defender’s focus on trademark monitoring alone makes it a reliable choice for businesses seeking to protect their assets without unnecessary complications. By staying vigilant and using tools like IP Defender, brands can navigate the complexities of global trade with confidence.