How Can I Protect My Intellectual Property?
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• How Do I Protect My Intellectual Property in the U.S? • How Do I protect My Intellectual Property Abroad? |
Questions:
How Do I Protect My Intellectual Property in the U.S?
How can I protect my business from intellectual property theft?
How should I protect my intellectual property?
How long does patent, trademark or copyright protection last?
- How do I register my patent?
- Is my U.S. patent good in other countries?
- How do I check to see if a patent is already registered?
- Where can I ask a question about a U.S. patent?
- How do I register a trademark?
- How do I check if a trademark is already registered?
- Does a U.S. trademark registration protect a trademark in a foreign country?
- How do I contest someone else using a trademark similar to mine?
- Where can I ask a question about a U.S. Trademark?
- Do I have to register my copyright?
- Is my copyright good in other countries?
- Where can I ask a question about a U.S. copyright?
Do I need to file for protection overseas?
How else can I protect my copyright and/or trademark?
Who in the U.S. Government can help me protect my intellectual property domestically?
How Do I protect My Intellectual Property Abroad?
How can I prevent intellectual property theft abroad?
How do I register my trademark, patent, or copyright abroad?
A foreign company is using my trademark, patent or copyright in a foreign country.
How can I check the credentials of a potential foreign business partner?
How can I find information on intellectual property in:
Are email offers to participate in a foreign investment opportunity legitimate?
Who in the U.S. Government can help me in obtaining and protecting my intellectual property abroad?
How Do I Report Counterfeit and Falsely Labeled Goods?
How do I report counterfeit goods?
Answers:
How can I protect my business from intellectual property theft?
The first step in protecting your business from intellectual property (IP) theft is to protect your IP - both in the United States and in other countries where you do business and source products. Most IP rights are territorial, meaning, for example, a U.S. patent or trademark only provides protection in the United States. To receive IP protection in other countries, you need to apply for protection in those countries.
Companies should inventory their IP. Examine your business to see what might be eligible for a patent, trademark, copyright or trade secret status.
Once it is known what IP a company possesses, you can review your options for protecting that property, at home and abroad. Do some research into whether foreign export markets or sourcing locations have signed patent or trademark agreements with the United States. Find out if companies similar to yours have experienced IP problems abroad. Do your contracts with suppliers and other partners include specific IP clauses protecting your rights? Do you know your foreign business partners well?
Finally, do a cost/benefit analysis to determine which IP protection measures make sense for your business.
How should I protect my intellectual property?
Different types of intellectual property are protected by different means.
- In the U.S., patents may be available to any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." Patent protection must be sought by application with the U.S. Patent and Trademark Office (USPTO).
- Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Registration with the USPTO is not required, but does provide certain advantages.
- Copyrights protect original works of authorship, including literary, dramatic, musical, artistic and certain other works, both published and unpublished. In the United States, the U.S. Copyright Office handles copyright registration that, although not required for protection, does confer advantages.
How long does patent, trademark or copyright protection last?
A U.S. utility patent is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent. U.S. trademarks can generally last forever, as long as the trademark is used in commerce and defended against infringement. Copyright protection is for a limited term. For works created after January 1, 1978, copyrights last for 70 years after the death of their owner. For works made for hire (covering the usual type of work owned by a small business), the copyright lasts for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.
The U.S. Patent and Trademark Office (USPTO) reviews patent applications and determines whether an application meets the requirements for federal registration. For more information on filing for a patent in the United States contact: (800) 786-9199 or (703) 308-4357 or www.uspto.gov/web/patents/howtopat.htm. To file electronically with the USPTO visit: www.uspto.gov/ebc/efs/index.html.
Is my U.S. patent good in other countries?
Patents are territorial and must be filed in each country where protection is sought. For more information on how to apply for individual patents in a foreign country, contact the intellectual property office in that country directly. A list of contact information for most intellectual property offices worldwide can be found at www.wipo.int/news/en/links/addresses/ip/index.htm. The U.S. is a member of the Patent Cooperation Treaty (PCT) which streamlines the process for U.S. inventors and businesses to file for patents in multiple countries. By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 127 countries as of September 26, 2005. For information about filing an international patent application under the PCT, visit the USPTO website: www.uspto.gov/go/pct/.
How do I check to see if a patent is already registered?
It is possible for you to conduct your own search. For an introduction to patent searching for the novice please refer to the patent search tutorial at the Richard W. McKinney Engineering Library, the University of Texas at Austin, which is available here. Although some of the instructions given there may be unique to the Austin library and the focus of this introduction is on the Cassis CD-ROM products, the fundamentals of patent searching remain the same for any location.
Conducting a thorough patent search is difficult, particularly for the novice. Patent searching is a learned skill. The best advice for the novice is to contact the nearest Patent and Trademark Depository Library (PTDL) and seek out search experts to help in setting up a search strategy. If you are in the Washington, D.C. area, the U.S. Patent and Trademark Office (USPTO) provides public access to collections of patents, trademarks, and other documents at its search facilities located in Arlington, Virginia. List of PTDLs is available here and information on the Arlington search facilities is available here.
You may also wish to consider contacting an attorney specializing in patent law or a patent search firm. The USPTO cannot aid in the selection of an attorney or search firm. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Search firms are often listed in the yellow page section of telephone directories under the heading "Patent Search Services" or "Patent and Trademark Search Services."
Where can I ask a question about a U.S. patent?
The U.S. Patent and Trademark Office, Inventors Assistance Center (IAC) provides patent information and services to the public. The IAC is staffed by former Supervisory Patent Examiners and experienced Primary Examiners who answer general questions concerning patent examining policy and procedure. The IAC can be reached by telephone at 800-786-9199 or on the web.
How do I register a U.S. trademark?
The U.S. Patent and Trademark Office (USPTO) reviews trademark applications and determines whether an application meets the requirements for federal registration. For more information on filing for a trademark in the United States contact: (800) 786-9199 or (703) 308-4357 or www.uspto.gov/main/trademarks.htm. To file with the USPTO electronically visit: www.uspto.gov/teas/index.html.
How do I check if a trademark is already registered?
You can search all registered trademarks free of charge on the U.S. Patent and Trademark Office (USPTO) website using the Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code. To locate the proper design code(s), please consult the Design Search Code Manual, which is available at www.uspto.gov/tmdb/dscm/index.html.
You may also conduct a trademark search by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:00 p.m. at Public Search Facility - Madison East, 1st Floor; 600 Dulany St.; Alexandria, VA 22313. Use of the Public Search Library is free to the public. You can also conduct a search at a Patent and Trademark Depository Library near you. For locations, please visit www.uspto.gov/web/offices/ac/ido/ptdl/index.html.
Private trademark search firms will conduct searches for a fee. The USPTO cannot aid in the selection of a search firm. Search firms are often listed in the yellow page section of telephone directories under the heading "Trademark Search Services" or "Patent and Trademark Search Services."
Does a U.S. trademark registration protect a trademark in a foreign country?
No. Trademarks are territorial and must be filed in each country where protection is sought. However, if you are a qualified owner of a trademark application pending before the U.S. Patent and Trademark Office (USPTO), or of a registration issued by the USPTO, you may seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application," with the International Bureau of the World Property Intellectual Organization (WIPO), through the USPTO. More information on filing an international application under the Madrid Protocol, visit the USPTO website.
To file with a specific country, check WIPO’s list of international trademark offices here: www.wipo.int/directory/en/urls.jsp.
Make sure to consider registering transliterations (representations of words in the corresponding characters of another alphabet) when making trademark decisions. For example, foreign entities may trademark the name of your company written in their alphabet to make a transliteration of you trademark that they then trademark for themselves.
How do I prevent someone else from using a trademark similar to mine in the U.S.?
There are several ways to prevent third parties from using your trademark. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law.
The U.S. Patent and Trademark Office’s (USPTO) examining attorneys do not consider trademark use dates when examining applications; however, the USPTO's Trademark Trial and Appeal Board (TTAB) does consider who is entitled to registration depending on who has superior use in commerce dates. If your dates are prior to the other party’s and you can prove it to the TTAB, you have the opportunity to do so - through opposition proceedings as well as through a petition to cancel the mark once it has registered. You may also file a trademark infringement action against the other applicant to get an injunction against them to stop their use of the mark. You would have to prove that you had superior rights to theirs. Trademark rights, under U.S. law, accrue through use of the mark in commerce and not through registration. A USPTO registration is an evidentiary presumption that the registrant is the owner and has the right to use the mark. However, that presumption can be rebutted in court by one who has prior use of the mark in commerce.
Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence. Information about proceedings before the TTAB is available at www.uspto.gov/web/offices/dcom/ttab/tbmp/.
Where can I ask a question about a U.S. Trademark?
If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at (800) 786-9199 [or (571) 272-9250].
Do I have to register my copyright claim?
No. In general, registration is voluntary. Copyright protection exists from the moment the work is created. However, registration provides important benefits, such as proof of ownership.
In addition, copyright owners who have registered their copyright have additional remedies if their copyright is infringed. Click here for details of U.S. copyright law.
How do I register a copyright?
To register a work, submit a completed application form, a nonrefundable filing fee of $30, and a non-returnable copy or copies of the work to be registered. Information on registration procedures is available at www.copyright.gov/circs/circ1.html#cr.
Is my copyright good in other countries?
There is no such thing as an “international copyright” that will automatically protect a work throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. Even if the work cannot be brought under an international convention, protection under the specific provisions of the country’s national laws may still be possible. A listing of countries and the nature of their copyright relations with the United States is available here.
Where can I ask a question about a U.S. copyright?
If you need answers to specific copyright questions or want to know more about copyrights in general, please contact the U.S. Copyright Office at (202) 707-5959 or its website at www.copyright.gov/help/.
Do I need to file for protection overseas?
If you plan on selling, distributing or sourcing your products abroad, you should consider registering or filing with each country's intellectual property (IP) authorities. Information on filing for patents and contact information for authorities around the world can be found at the World Intellectual Property Organization web site.
If a business is interested in seeking patent protection in many countries, it may be beneficial to consider the Patent Cooperation Treaty (PCT), which is an international filing mechanism that permits an applicant to file a single patent application that acts as if an application was filed in 126 different countries; however, examination under the PCT must be requested by the business in each individual country in order to be granted a patent in that country (with limited exceptions).
Also, if a business is interested in seeking trademark protection in a number of countries, it may be beneficial to consider filing an application under the Madrid Protocol, which offers one-stop-shopping for seeking trademark protection in more than one country which is a signatory to the Protocol. In addition, the U.S. Patent and Trademark Office (USPTO) has worked with the U.S. embassies in several countries to develop "IPR toolkits", which provide a wealth of detailed information on how to protect and enforce your IP rights in those specific markets. IPR toolkits for additional countries are posted periodically.
Filing for protection may not be appropriate for every business. The circumstances for determining what type of IP protection is best for your business may be complicated and differ for each individual business. Furthermore, international protection can be costly. Some issues to consider when making this decision are:
- Will I be conducting business outside the U.S.?
- Do I think I will ever export my product overseas?
- Do I think I will ever manufacture my product overseas?
- Can I afford international IP protection? If so, in what markets would my product most likely be commercially sold?
- What forms of IP are available to me?
- What is the likelihood of my product being copied abroad?
It is important for businesses to keep in mind that certain actions may bar certain types of protection, so the earlier a business considers IP protection, the better. Patents generally must be secured prior to entering a market or the patent seeker can lose the option of getting a patent.
How else can I protect my copyright and/or trademark?
If a company has registered a copyright or trademark with the U.S. Patent and Trademark Office (USPTO), it should consider recording its registration with U.S. Customs and Border Protection (CBP). Recording copyrights and trademarks with CBP assists CBP in identifying infringing goods and allows Customs to seize and destroy the infringing materials. For further information and for forms that may be used to complete a recordation please visit the customs website. Additional information on how CBP can assist in protecting a company’s IPR is available here.
Also, contracts with suppliers and distributors should often include specific language regarding intellectual property rights, including dispute settlement.
Transliterations (representations of words in the corresponding characters of another alphabet) should be considered when making trademark decisions. Foreign entities may trademark the name of your company, for example, written in their alphabet to make a transliteration of you trademark that they then trademark for themselves.
The U.S. Commercial Service can help U.S. companies evaluate potential foreign business partners. The International Company Profile and International Partner Search services are detailed here: www.export.gov/partners_and_trade_leads/index.asp.
How can I prevent intellectual property theft abroad?
Many small companies experience difficulty protecting their IPR abroad, including in China, as they are not aware of how to obtain and enforce rights in foreign markets. Some basic, often low-cost, steps small companies should consider include:
- Working with legal counsel to develop an overall IPR protection strategy;
- Developing detailed IPR language for licensing and subcontracting contracts;
- Conducting due diligence of potential foreign partners (The U.S. Commercial Service can help, see Export.gov);
- Recording their U.S.-registered trademarks and copyrights with Customs and Border Protection ($190); and
- Securing and registering patents, trademarks, and copyrights in key foreign markets, including defensively in countries where IPR violations are common.
How do I register my trademark, patent, or copyright abroad?
Patents and trademarks are territorial and must be filed in each country where protection is sought. A U.S. patent or trademark does not afford protection in another country. For more information on how to apply for individual patents or trademarks in a foreign country, contact the intellectual property office in that country directly. A list of contact information for most intellectual property offices worldwide can be found at www.wipo.int/news/en/links/addresses/ip/index.htm.
However, the Patent Cooperation Treaty (PCT) streamlines the process of filing patents in multiple countries. By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 127 countries as of September 26, 2005.
The Madrid Protocol also makes it easier to file for trademark registration in multiple countries. By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 66 countries. For information about filing an international patent application under the PCT, visit the USPTO website: www.uspto.gov/go/pct/; and for information about filing an international trademark registration application under the Madrid Protocol, visit the USPTO website.
Although most countries do not require copyright registration in order to enjoy copyright protection, registration can offer several benefits, such as proof of ownership. The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. A listing of countries and the nature of their copyright relations with the United States is available here.
How do I enforce my intellectual property rights in a foreign country?
First, you must determine if you have rights to the intellectual property in that country. Patents and trademarks are territorial and must be registered in each country where protection is sought. A U.S. patent and trademark does not afford protection in another country. For copyrights, as a result of international copyright treaties and conventions, many countries do not require registration of a U.S. copyright in order to enjoy copyright protection. However, the United States does not have such copyright relationships with every country.
Once you have confirmed you have intellectual property rights (IPR) in a foreign country, you must seek to enforce your rights via the civil, administrative and criminal enforcement remedies available in that country. IPR are private rights; therefore, you must protect your rights in accordance with the IPR laws of that country. Intellectual property laws can be complex therefore it is recommended that you seek local legal counsel to explore potential remedies.
The U.S. Department of Commerce Office of Intellectual Property Rights (OIPR) can assist you in developing an enforcement strategy. OIPR, Commerce’s country experts as well as other U.S. Government IPR experts, stand ready to work with U.S. firms to help them protect their intellectual property abroad. In many cases, OIPR can provide companies with information to aid in navigating a foreign government’s legal system, including lists of local investigative firms and attorneys, and share experiences and expertise in that country. However, the U.S. Government cannot provide American companies with legal advice or advocate on a company's behalf when a matter is before a court or administrative agency. If you would like to work with OIPR to develop an enforcement strategy, please contact OIPR by telephone at (202) 482-1191 or ask a question.
In the event you have attempted to enforce your IPR through a foreign government’s legal system and the foreign government has failed to provide an adequate remedy, OIPR, in cooperation with its interagency colleagues, may be able to raise concerns related to the effective administration of legal remedies available to IPR holders with foreign government officials. OIPR’s efforts to assist with IPR disputes are aimed at achieving a fair and timely resolution in accordance with international commitments and foreign laws, and in advancing adequate legal and judicial protection for all parties.
How can the U.S. Government assist me in obtaining and protecting my intellectual property rights?
The Department of Commerce and other U.S. federal agencies stand ready to assist U.S. businesses with registering and enforcing their intellectual property rights (IPR), both here in the U.S. and in international markets.
Obtaining and Protecting IPR Abroad:
You can contact the U.S. Department of Commerce Office of Intellectual Property Rights (OIPR) for assistance in obtaining and protecting your intellectual property rights abroad. OIPR can help obtain information on the appropriate foreign IPR registering agencies and foreign IPR resources. OIPR can also provide guidance on other IPR-related issues to consider when exporting, such as conducting due diligence, working with legal counsel familiar with the laws of the country, and the utility in setting up strong contracts with foreign business partners.
OIPR can also assist you in developing an enforcement strategy. OIPR and Commerce’s country experts stand ready to work with U.S. firms to help them protect their intellectual property abroad. In many cases, OIPR can provide companies with information to aid in navigating a foreign government’s legal system, including lists of local investigative firms and attorneys, and share experiences and expertise in that country. However, the government cannot provide American companies with legal advice or advocate on a company's behalf when a matter is before a court or administrative agency. You can reach an OIPR trade specialist by telephone at (202) 482-1191 orask a question.
In the event you have attempted to enforce your IPR through a foreign government’s legal system and the foreign government has failed to provide an adequate remedy, OIPR, in cooperation with its interagency colleagues, may be able to raise concerns related to the effective administration of legal remedies available to IPR holders with foreign government officials. Commerce’s efforts to assist with IPR disputes are aimed at achieving a fair and timely resolution in accordance with international commitments and foreign laws, and in advancing adequate legal and judicial protection for all parties
Obtaining and Protecting IPR in the U.S.:
The U.S. Patent and Trademark Office (USPTO), another agency within the U.S. Department of Commerce, can provide information on obtaining and protecting patents and trademarks in the U.S. USPTO can be reached via telephone at (866) 999-HALT or its website www.uspto.gov.
Other U.S. Government Agencies:
There are many U.S. Government agencies that work together to assist U.S. companies in obtaining and protecting intellectual property rights as well as combating global piracy and counterfeiting. For a listing of other agencies involved in these efforts, please visit Useful IPR Website Links.
How can I check the credentials of a potential foreign business partner?
The Department of Commerce Commercial Service provides a service, the International Company Profile Report, to help companies exporting U.S. goods and services evaluate potential foreign partners. You can contact the Commercial Service at the nearest U.S. Export Assistance Center (USEAC). To locate the closest USEAC, please visit its website or call (800) 872-8723.
How can I find information on intellectual property in:
The U.S. Government has issued a commercial guide to Brazil, which contains an overview of intellectual property regime in Brazil including information on protecting intellectual property rights in Brazil, the patent application process and enforcement of copyright violations. The U.S. Government publishes an annual report, called the Special 301 Report, analyzing the situation in countries with inadequate intellectual property rights protection and enforcement. The 2005 Special 301 Report, issued by the Office of the U.S. Trade Representative (USTR) (www.ustr.gov), is available here. The U.S. Government publishes an annual report, called the National Trade Estimate Report on Foreign Trade Barriers, which summarizes significant foreign barriers to U.S. exports, including intellectual property rights barriers. The 2005 National Trade Estimate Report, also issued by USTR (www.ustr.gov), is available here. |
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The U.S. Government has created an “IPR Toolkit”, which describes the intellectual property environment in China and provides information about how to obtain and enforce intellectual property rights in China. The China Trademark Office maintains authority over trademark registration and administrative enforcement of trademark rights. The State Intellectual Property Office (China’s patent office) is responsible for granting patents. The Quality Brands Protection Committee (QBPC), a private right holders organization, comprises more than 100 multinational companies in China that work cooperatively with the Chinese government to combat counterfeiting. The U.S. Government publishes an annual report, called the Special 301 Report, analyzing the situation in countries with inadequate intellectual property rights protection and enforcement. The 2005 Special 301 Report, issued by the Office of the U.S. Trade Representative (USTR) (www.ustr.gov), is available here. The U.S. Government publishes an annual report, called the National Trade Estimate Report on Foreign Trade Barriers, which summarizes significant foreign barriers to U.S. exports, including intellectual property rights barriers. The 2005 National Trade Estimate Report, also issued by USTR (www.ustr.gov), is available here. |
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Information about how to protect intellectual property in Europe is available in the European Union (EU) International Market Insight Report, which was published by the U.S. Government. The report is available here. The EU Intellectual Property Rights (IPR) Helpdesk can provide information about obtaining and protecting intellectual property in the European Union. For more information about the Helpdesk, please visits its website. The European Patent Office is responsible for granting patents. Its website can be found here. The U.S Government issued an EU market research report highlighting some of the key differences between patent law in the United States and the European Union Member States, and examines the options available to U.S. companies looking to secure patent protection in the European Union. The report is available here. The European Commission established a regional intellectual property rights project to support the economic development for Albania, Bosnia and Herzegovina, Croatia, Macedonia, and Serbia and Montenegro through effective and adequate protection and enforcement of industrial and intellectual property rights in line with European and international obligations. Information on this project is available here. The U.S. Government publishes an annual report, called the Special 301 Report, analyzing the situation in countries with inadequate intellectual property rights protection and enforcement. The 2005 Special 301 Report, issued by the Office of the U.S. Trade Representative (USTR) (www.ustr.gov), is available here. The U.S. Government publishes an annual report, called the National Trade Estimate Report on Foreign Trade Barriers, which summarizes significant foreign barriers to U.S. exports, including intellectual property rights barriers. The 2005 National Trade Estimate Report, also issued by USTR (www.ustr.gov), is available at here. |
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The Controller General of Patents, Designs and Trade Marks is responsible for granting and administering patents and trademarks in India. The website for the Controller General is www.patentoffice.nic.in/. The U.S. Government publishes an annual report, called the Special 301 Report, analyzing the situation in countries with inadequate intellectual property rights protection and enforcement. The 2005 Special 301 Report, issued by the Office of the U.S. Trade Representative (USTR) (www.ustr.gov), is available here. The U.S. Government publishes an annual report, called the National Trade Estimate Report on Foreign Trade Barriers, which summarizes significant foreign barriers to U.S. exports, including intellectual property rights barriers. The 2005 National Trade Estimate Report, also issued by USTR ( www.ustr.gov ), is available here. |
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The U.S. Government has created an “IPR Toolkit”, which describes the intellectual property environment in Korea and provides information about how to obtain and enforce intellectual property rights in Korea. The U.S. Government publishes an annual report, called the Special 301 Report, analyzing the situation in countries with inadequate intellectual property rights protection and enforcement. The 2005 Special 301 Report, issued by the Office of the U.S. Trade Representative (USTR) (www.ustr.gov), is available here. The U.S. Government publishes an annual report, called the National Trade Estimate Report on Foreign Trade Barriers, which summarizes significant foreign barriers to U.S. exports, including intellectual property rights barriers. The 2005 National Trade Estimate Report, also issued by USTR (www.ustr.gov), is available here. |
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The U.S. Government has created an “IPR Toolkit”, which describes the intellectual property environment in Mexico and provides information about how to obtain and enforce intellectual property rights in Mexico. The U.S. Government publishes an annual report, called the Special 301 Report, analyzing the situation in countries with inadequate intellectual property rights protection and enforcement. The 2005 Special 301 Report, issued by the Office of the U.S. Trade Representative (USTR) (www.ustr.gov), is available here. The U.S. Government publishes an annual report, called the National Trade Estimate Report on Foreign Trade Barriers, which summarizes significant foreign barriers to U.S. exports, including intellectual property rights barriers. The 2005 National Trade Estimate Report, also issued by USTR (www.ustr.gov), is available here. |
To Report Counterfeit or Pirated Goods
- Imports
- U.S. Customs and Border Protection
- If you suspect counterfeit goods are being imported into the United States and wish to prevent the importation of the goods, you should report your suspicions to the U.S. Customs and Border Patrol IPR Help Desk by telephone at (562) 980-3119 x252 or via email at ipr.helpdesk@dhs.gov.
- National Intellectual Property Rights Coordination Center
- If you suspect “criminal” violations of intellectual property rights as a result of counterfeit goods being imported in the United States, you may report your suspicions to the criminal investigators at the National Intellectual Property Rights Coordination Center via its website complaint form. View form.
- U.S. International Trade Commission Import Exclusion Order
- If you are experiencing a regular problem with infringing imports, you should consider filing an investigation pursuant to 19 U.S.C. § 1337 , known as a Section 337 investigation. Section 337 declares it unlawful to import items that infringe utility and design patents, as well as registered and common law trademarks, and registered copyrights. The U.S. International Trade Commission (USITC) (http://www.usitc.gov) will conduct an investigation and if it determines that the imports violate Section 337, it may issue an exclusion order barring the products at issue from entry into the United States, as well as a cease and desist order directing the violating parties to cease certain actions. The U.S. Customs and Border Protection (CBP) enforces the exclusion orders. USITC provides information on Section 337. Read more.
- USITC also has a Trade Remedy Assistance Office (TRAO) that provides information to small businesses concerning the remedies and benefits available under U.S. trade laws; and assists eligible small businesses in preparing and filing a Section 337 complaint. Information about the TRAO is available here or it can be reached by telephone at (800) 343-9822 or (202) 205-2200, or by facsimile at (202) 205-2139.
- U.S. Customs and Border Protection
- Internet Sales
- If you suspect products for sale on the Internet are counterfeit or pirated, you can report your suspicions to the Federal Bureau of Investigation Internet Crime Complaint Center(IC3) via the Internet. An electronic complaint form is available here.
- Retail Sales
- The Federal Bureau of Investigation (FBI) (www.fbi.gov) investigates criminal counterfeiting, piracy, and other federal crimes. You can report suspicions concerning the manufacture or sale of counterfeit or pirated goods to the FBI by contacting your local FBI Office and asking to speak with the Duty Complaint Agent. To obtain contact information for your local FBI office, you can call (202) 324-3000 or visit the cybercrime website.
I suspect an item I purchased which claims to be “Made in the USA” really isn’t, where should I report this suspicion?
Citizens suspicious that merchandise which claims to be “Made in the USA” is not America-made or contains significant foreign parts or processing, should file a complaint with the Federal Trade Commission (FTC) by telephone at (877) 382-4357 or via its website. For more information on false “Made in the USA” claims, please visit the FTC website.