Managing Trademarks in International Trade: Protecting, Clearing, and Enforcing Trademarks

The theft of intellectual property (IP) has almost tripled over the last few years, jumping from $1.2 billion in 2017 to $3.3 billion in 2021 per U.S. Customs and Border Protection (CBP) information. This theft involves various forms of infringement. It also, per the U.S. Trade Representative’s most recent Notorious Markets Report, presents forced labor, national security, and consumer protection issues. With the emergence of new technologies, distribution systems, and criminal networks, this trend doesn’t show any sign of slowing down.

These developments are relevant to both U.S. right holders who either manufacture or export their products abroad and U.S. companies that import.

Several important administrative tools are available to U.S. right holders for the purpose of protecting their IP in international trade. The most important of these include registering trademarks with the U.S. Patent and Trademark Office, using both the Madrid System and national registrations to achieve international protection, and administratively recording registered trademarks with CBP (and possibly their counterparts abroad). U.S. right holders who undertake these measures stand a significantly improved chance of being able to protect their trademarks against both domestic and foreign infringement.

There are, on the other hand, a number of best practices that U.S. importers can follow with an eye to clearing the IP rights associated with inbound cargo, securing authorizations, and avoiding unwanted CBP scrutiny. These best practices provide U.S. importers of record with an important means of hedging against the supply chain delays and operational disruptions that can be triggered by CBP detentions, inquiries, or enforcement actions.

Listen as our authoritative panel examines the administrative protection, clearance, and enforcement of trademark rights in the international trade environment. This examination will center on the opportunities and challenges that arise at the intersection of trade and IP from the perspective of both right holders and importers. To this end, the panel will discuss:

1. Trademarks overview
2. Current trends in trademark theft and enforcement
3. CBP’s regulatory framework for trademark infringement and enforcement
4. Trademark enforcement relief options and mitigation strategies
5. U.S. right holder strategies for protecting and enforcing trademarks at home and abroad
6. U.S. importer of record best practices for clearing and managing third party trademarks in conjunction with inbound cargo

The panel will review these and other key issues:

• What steps can counsel take to pursue legal action to stop trademark infringing products?
• What remedies are available to importers following a trademark-based seizure?
• What best practices should counsel employ for managing trademarks in international trade?