How to Report International Intellectual Property Violations
Record your trademark or copyright with Customs., Create a Product Identification Guide., Report counterfeits to Customs., Call to report especially dangerous counterfeits., Draft a cease and desist letter., File a lawsuit to seize the counterfeit...
Step-by-Step Guide
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Step 1: Record your trademark or copyright with Customs.
After you register your trademark or copyright, you should then record it with the government agency responsible for customs enforcement.
In the United States, this agency is the U.S.
Customs and Border Protection office (CBP).You can record your copyright or trademark with the CBP by providing the following information:your copyright or trademark registration number the name, complete business address, and citizenship of the rights owner the place where your goods are manufactured the name and address of any individuals authorized to use your trademark or copyright the identity of any parent company or subsidiary that is authorized to use the copyright or trademark -
Step 2: Create a Product Identification Guide.
You can also submit to CBP a manual which contains extensive information about your protected products.
This manual will help CBP decide if a product is actually violating your intellectual property.
A complete Guide should include the following:information about your company the intellectual property you own contact information registration number recordation number U.S.
International Trade Commission investigation number physical characteristics of the property photos of genuine versions of your product and photos of suspect versions manufacturing information a legal disclaimer , In the United States, you can submit an Allegations Form to the U.S.
Customs and Border Protection office.You should gather the following information to help you file:a description of the violation the kind of product being counterfeited the country of export the counterfeiter’s name and address any additional parties to the counterfeiting , If a counterfeit threatens the public health or safety, then you should call Customs.
In the U.S., you can call 1-800-BE-ALERT.For example, counterfeit drugs could potentially harm people’s physical health.
Counterfeit toys could be dangerous to children.
Don’t use an emergency number simply because you are panicked that your goods have been counterfeited. , If you know the identity of who is selling counterfeit goods, then you can write a cease and desist letter.The purpose of the letter is to identify the counterfeit goods and to put the counterfeiter on notice that you will sue if the counterfeiting doesn’t stop.
Format the letter as a standard business letter.
Title the letter “RE:
Trademark Counterfeiting” or something similar.
Make the title bold.
Identify yourself in the first paragraph.List the trademarks being counterfeited, and include their registration date and registration number.
Make sure to accuse the person of counterfeiting your goods.
For example, you can write, “I have recently learned that you are counterfeiting my handbags.” Also identify where the goods are being sold.
Make a clear demand that the counterfeiting stop.
As an example, you could write, “Please cease any use of my trademark, now or in the future.”Conclude with an explicit threat to sue.
For example, you could write: “If you don’t promptly cease violating my intellectual property rights, then I will have no choice but to pursue legal action.
Any further counterfeiting after receiving this letter will be deemed willful.”, If you know where the counterfeit goods are being stored, then you can bring a lawsuit to seize them.
Since this is a complicated area of law, make sure that you hire a qualified intellectual property lawyer.
See Sue for Trademark Counterfeiting for more information. -
Step 3: Report counterfeits to Customs.
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Step 4: Call to report especially dangerous counterfeits.
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Step 5: Draft a cease and desist letter.
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Step 6: File a lawsuit to seize the counterfeit goods.
Detailed Guide
After you register your trademark or copyright, you should then record it with the government agency responsible for customs enforcement.
In the United States, this agency is the U.S.
Customs and Border Protection office (CBP).You can record your copyright or trademark with the CBP by providing the following information:your copyright or trademark registration number the name, complete business address, and citizenship of the rights owner the place where your goods are manufactured the name and address of any individuals authorized to use your trademark or copyright the identity of any parent company or subsidiary that is authorized to use the copyright or trademark
You can also submit to CBP a manual which contains extensive information about your protected products.
This manual will help CBP decide if a product is actually violating your intellectual property.
A complete Guide should include the following:information about your company the intellectual property you own contact information registration number recordation number U.S.
International Trade Commission investigation number physical characteristics of the property photos of genuine versions of your product and photos of suspect versions manufacturing information a legal disclaimer , In the United States, you can submit an Allegations Form to the U.S.
Customs and Border Protection office.You should gather the following information to help you file:a description of the violation the kind of product being counterfeited the country of export the counterfeiter’s name and address any additional parties to the counterfeiting , If a counterfeit threatens the public health or safety, then you should call Customs.
In the U.S., you can call 1-800-BE-ALERT.For example, counterfeit drugs could potentially harm people’s physical health.
Counterfeit toys could be dangerous to children.
Don’t use an emergency number simply because you are panicked that your goods have been counterfeited. , If you know the identity of who is selling counterfeit goods, then you can write a cease and desist letter.The purpose of the letter is to identify the counterfeit goods and to put the counterfeiter on notice that you will sue if the counterfeiting doesn’t stop.
Format the letter as a standard business letter.
Title the letter “RE:
Trademark Counterfeiting” or something similar.
Make the title bold.
Identify yourself in the first paragraph.List the trademarks being counterfeited, and include their registration date and registration number.
Make sure to accuse the person of counterfeiting your goods.
For example, you can write, “I have recently learned that you are counterfeiting my handbags.” Also identify where the goods are being sold.
Make a clear demand that the counterfeiting stop.
As an example, you could write, “Please cease any use of my trademark, now or in the future.”Conclude with an explicit threat to sue.
For example, you could write: “If you don’t promptly cease violating my intellectual property rights, then I will have no choice but to pursue legal action.
Any further counterfeiting after receiving this letter will be deemed willful.”, If you know where the counterfeit goods are being stored, then you can bring a lawsuit to seize them.
Since this is a complicated area of law, make sure that you hire a qualified intellectual property lawyer.
See Sue for Trademark Counterfeiting for more information.
About the Author
Christine Ramirez
Dedicated to helping readers learn new skills in lifestyle and beyond.
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