IPR, Trademarks and Logos Archives - Page 10 of 10 - Customs & International Trade Law Firm

Do You Know the Top 10 Tips When Importing?

Do you know the top 10 tips when importing to ensure compliance? If not, here’s why you should attend my Compliance Online webinar on June 27, 2013 at 10:00 a.m., EST.

If you import merchandise into the U.S., you are the responsible party and must be aware your requirements and potential liability. In this presentation, we will discuss how to comply with U.S. Customs and Border Protection’s (CBP’s) vast laws and regulations. By the end of the webinar you will know and understand the importance of:

Tariff classification;
Customs valuation;
Country of origin marking;
Intellectual Property Rights (IPR) Protection and CBP Enforcement; and
Free Trade Agreements (FTA) you should be taking advantage of.

You will also learn basic customs concepts and terms like:

CBP Form 3461 & CBP 7501;
Protests;
Seizure cases;
Liquidated damage claims, Penalties/Fines;
Prior disclosure; and
FP&F Petition Process.

Learn key best practices and hear real life case studies. Learn what to do, and more importantly, what NOT to do, and what the consequences are for non compliance.

To register for this webinar on June 27, 2013 at 10:00 EST, click here.

By Jennifer Diaz|2022-07-07T09:59:03-04:00June 18, 2013|Best Practices, Events, Import, IPR, Trademarks and Logos, Speaking, U.S. Customs and Border Protection (CBP)|0 Comments

Protecting Your Intellectual Property Internationally

Do you sell products in multiple countries? How are you assuring your intellectual property is protected? Do you know about “Foreign Patent Applications” or “PCT’s”? If not, you may not be adequately protecting your intellectual property abroad!

When you sell your product in multiple countries you are vulnerable to other companies stealing your idea and reproducing your intellectual property as their own.

How do you protect yourself?

To protect your business from being taken advantage of you may consider filing a foreign patent application. You may ask, what’s a foreign patent application? It’s a request at a foreign patent office for the grant of a patent for the invention described and claimed by that application. An application typically consists of a description of the invention, together with official forms and correspondence relating to the application.

Foreign patent protection will prevent others from profiting from your idea abroad. Many countries allow you to claim priority from your U.S. application. For utility patents you can file with priority status within one year of your original filing date in the U.S. under the Paris Convention, or six months from your original filing date for design patent applications. A utility patent protects the functional […]

By Jennifer Diaz|2022-07-08T15:56:51-04:00January 12, 2013|Best Practices, IPR, Trademarks and Logos|1 Comment

As U.S. Imports from China Intensify so does CBP Enforcement

Co-authored by Michael De Biase.

With the concentration of US imports from China increasing in parallel with intellectual property rights seizures, companies rely heavily on the government, specifically on US Customs and Border Protection (“CBP”) to help protect and enforce their intellectual property rights (“IPR”).

According to Global Sources, a leading business-to-business media company and a primary facilitator of trade with Greater China, “US imports from China [are] more concentrated than ever“.

Data from the U.S. Department of Commerce establishes that importation into the U.S. is a concentrated field, with the top 500 U.S. importers – 0.4 % of all importers – comprising roughly 68% of all imports by value in 2010. Imports from China, although somewhat less concentrated, are still dominated by larger enterprises, as companies with more than 500 employees – 4% of all importers from China – account for 60% of all imports from China. As concentration increases, the opportunity to trade in quantities that take advantage of China’s economies of scale decrease; thus, heightened concentration is not a good thing for Chinese manufacturers.

While the import concentration from China is growing, CBP is reporting a record number of IPR seizures. From 2010-2011 alone, IPR seizures increase by 24%, and have nearly doubled since 2009. Considering that China is the number one source company of imports, it should come as no surprise that it also accounts for the largest number of IPR seizures, with 62% of […]

By Jennifer Diaz|2022-07-07T09:24:36-04:00September 18, 2012|Best Practices, China, China Trade War, Counterfeits, Import, Import Alert, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

How I Helped Release $2.5 Million Stuck in Customs

Before beginning a career in international trade, I did not ever stop to think that the t-shirt I was wearing or dishes I was using were likely made elsewhere, and went through a long complicated logistics supply chain in order to reach my local store. Little did I know that when anything goes wrong in that complicated supply chain, it would be my job to help. Recently, a client had over 2.5 million dollars worth of electronic merchandise on hold by U.S. Customs and Border Protection (Customs) for alleged intellectual property rights violations and it was my job to get it released ASAP – Here’s how I succeeded.

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By Jennifer Diaz|2022-07-08T16:37:17-04:00March 28, 2012|IPR, Trademarks and Logos|0 Comments

Trademark Infringement

How often do you think U.S. Customs and Border Protection (CBP) officials have heard an importer say, “. . . but I didn’t tell the manufacturer to put that trademark on there”? Ignorance may be bliss, but CBP will not accept that excuse as an acceptable reason to allow counterfeit merchandise to enter into the United States, or even allow it to move in-transit through the United States. This, however, is the often heard explanation when an importer does not do its due diligence.

There are a few steps every importer should take prior to doing business with a new manufacturer or importing into the United States a new product.

A reputable manufacturer should, and ultimately will, provide a sample. Inspect the sample thoroughly. If it is an electronic item, you may want to go as far as taking it apart to make sure that the inner workings do not contain any trademarks or logos or copyrights which either you did not request or the manufacturer is not licensed to produce. If your sample is different than the merchandise shipped, then you can at least say to CBP, “This is not what I ordered. I have a sample of what I was supposed to receive,” and the correspondence with the manufacturer to support your claim. Even if you do not get your merchandise back from CBP, it is important to understand that you may use your due diligence as a mitigating factor if and when you are fined […]

By Jennifer Diaz|2021-04-09T12:57:46-04:00September 30, 2009|IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|0 Comments

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