Counterfeiting has become one of the most pervasive threats to intellectual property worldwide. From luxury goods and electronics to pharmaceuticals, illicit trade costs legitimate brands billions every year. Many companies focus on lawsuits, takedown notices, and digital monitoring, yet they overlook a powerful ally that operates at the border: customs authorities.

Customs agencies have the power to stop infringing goods before they ever reach consumers. For brand owners serious about enforcement, partnering with customs can be one of the most efficient and cost-effective defenses available.

What Can Customs Actually Do?

In the United States, U.S. Customs and Border Protection (CBP) has broad authority to intercept and seize counterfeit products. When a brand’s intellectual property registrations are recorded with CBP, officers can detain shipments suspected of infringing trademarks, copyrights, or trade dress. If confirmed as counterfeit, those goods are confiscated and destroyed.

Beyond domestic enforcement, customs agencies can coordinate internationally through information-sharing networks. They can flag suspicious shipments, block exports, and even share intelligence with brand owners. In an era of global supply chains, these collaborations often reveal connections between overseas manufacturers and domestic distributors, information that’s difficult to uncover through litigation alone.

Registering IP with Customs

To activate customs protection, companies must record their intellectual property with the relevant authorities. In the U.S., this means submitting documentation of trademark or copyright registrations through CBP’s Intellectual Property Rights (IPR) e-Recordation system. The process is straightforward, typically taking a few weeks and costing a few hundred dollars per mark.

Once registered, brands can upload product photos, packaging details, and authentication tips.  CBP even offers the opportunity for brands to give in-person training to CBP officers. This allows customs officers to identify genuine products quickly, even when counterfeiters attempt to disguise them. Similar systems exist internationally, including through the European Union and select Asian and Latin American countries.

The cost-to-benefit ratio is compelling. For a minimal investment, brand owners can create an ongoing line of defense that intercepts infringing goods before they enter the market—saving potentially millions in enforcement and reputation costs.

Why Customs Is Underused

Despite its advantages, customs enforcement remains one of the most underutilized IP tools. Many smaller and mid-sized companies assume the process is complex or reserved for large corporations. Others simply aren’t aware that such programs exist. Even when brands register their rights, they often fail to update product details or engage directly with officers, limiting effectiveness.

Another barrier is the lack of training on both sides. Customs officers see thousands of shipments each day and rely heavily on the materials provided by brand owners. If those materials are incomplete or outdated, enforcement opportunities are lost. Likewise, companies that don’t communicate regularly with customs may miss alerts or chances to take action.

Best Practices to Maximize U.S. Customs Protection

To make the most of customs programs, proactive engagement is key. Effective strategies include:

• Supplying detailed product identification guides with clear images and distinguishing features.
• Providing counterfeit comparison samples or training sessions for customs personnel.
• Establishing relationships with customs offices at major ports of entry.
• Updating IP records whenever packaging, logos, or suppliers change.
• Combining customs monitoring with digital enforcement for online marketplaces.

Brands that take these steps often see dramatic reductions in counterfeit circulation. Customs officers who recognize a product’s unique markers are far more likely to intercept infringing goods efficiently.

Case Examples and Success Stories

Some of the world’s leading brands have turned customs partnerships into major enforcement victories. Luxury fashion houses, for instance, have collaborated with CBP to identify counterfeit handbags and apparel shipments worth millions of dollars. In one case, a consumer electronics company used customs intelligence to trace counterfeit parts back to the original manufacturer, enabling coordinated legal action abroad.

These examples demonstrate that customs protection is not limited to large enterprises. Smaller companies can benefit as well, especially those producing specialty goods, medical devices, or niche consumer products. A single seizure at the border can prevent thousands of counterfeit items from reaching the market, protecting both brand integrity and consumer safety.

Customs should not be an afterthought in a brand’s enforcement strategy, it should be a cornerstone. By recording their intellectual property, maintaining communication with officers, and integrating customs monitoring into broader compliance efforts, companies can build a powerful first line of defense against counterfeiting.

In an age where infringing goods travel as fast as online orders, catching them at the border is often the most effective way to stop them altogether. For IP holders seeking practical, preventive protection, customs is not just an option, it’s an opportunity.

‍