USPTO Webinar Highlights Trademark Registration and Enforcement Tools Against Counterfeiting

On September 23, 2026, the U.S. Patent and Trademark Office (USPTO) conducted a USPTO Hour webinar titled “Trademarks and Anti-Counterfeiting.” The event featured Ameen Imam, Attorney Advisor in the USPTO’s Office of Policy and International Affairs, and Jason Lott, Managing Attorney for Trademarks Customer Outreach. The webinar focused on the escalating threat posed by counterfeit products to both businesses and consumers, and the pivotal role federal trademark registration plays in anti-counterfeiting enforcement.

The presenters began by underscoring that intellectual property (IP) is a fundamental business asset rather than an abstract legal notion. They highlighted that intangible assets—including patents, trademarks, copyrights, and trade secrets—constitute approximately 92% of the total market value of S&P 500 companies. Furthermore, IP-intensive industries accounted for 44% of U.S. GDP in 2024, equating to roughly $11.4 trillion, and employed nearly 50 million Americans, about one-third of the workforce, with an additional 11% indirectly employed.

Trademarks serve as a critical signal of authenticity, enabling consumers to identify the source and quality of goods and services. The webinar emphasized that counterfeiters undermine this trust, causing harm not only to brand owners’ revenues but also to consumer health, safety, and marketplace confidence.

A key clarification addressed a common misconception: a business does not “get” a trademark simply by filing an application with the USPTO. Instead, trademark rights in the United States arise from actual use of the mark in commerce. Federal registration is a process to register a mark already in use or with a bona fide intent to use it in connection with specific goods or services.

- Legal presumptions: Registration serves as prima facie evidence of the mark’s validity, the registrant’s ownership, and exclusive rights to use the mark for the registered goods or services (15 U.S.C. § 1115).

- Constructive notice: Registration provides nationwide constructive notice of ownership claims (15 U.S.C. § 1072).

- Federal court jurisdiction: Registration enables trademark owners to bring suit in federal court, including seeking injunctive relief and, in certain counterfeiting cases, ex parte seizure orders (15 U.S.C. § 1116).

- International filing support: U.S. registration can serve as a basis for trademark filings abroad.

- Use of the ® symbol: Only federally registered marks may use the ® symbol, signaling legal protection to consumers and competitors.

- Customs recordation: Registration permits owners to record their marks with U.S. Customs and Border Protection (CBP), a critical enforcement tool.

The USPTO stressed the importance of accuracy in trademark applications, as CBP officers may rely on the registration’s descriptions when evaluating imports at the border.

The webinar also clarified the legal definition of counterfeiting, distinguishing it from other forms of imitation. Under federal law and CBP regulations, a counterfeit mark is a “spurious mark” that is “identical with, or substantially indistinguishable from,” a mark registered on the USPTO’s Principal Register (19 C.F.R. § 133.21). The presenters cautioned against conflating terms like “knockoffs,” “replicas,” or “dupes” with counterfeit marks, as the legal inquiry focuses on whether the mark itself is spurious and substantially indistinguishable.

Counterfeiting remains a widespread problem. The webinar cited OECD estimates valuing counterfeit products at $467 billion in 2022, up from $464 billion in 2019 and $200 billion in 2005. Mainland China accounted for 45% of reported CBP seizures, with Hong Kong responsible for an additional 27%. The counterfeit supply chains are geographically dispersed, with enforcement challenges including free trade zones and small-parcel de minimis shipping.

Following the U.S. suspension of the de minimis exception for shipments from China and Hong Kong in May 2025, CBP seizures dropped from approximately 3 million in 2024 to 1.5 million in 2025. This decline suggests that the de minimis loophole had been a significant channel for counterfeit goods.

- Toys: Counterfeit toys can evade over 100 federal safety standards and third-party testing requirements.

- Cosmetics: Counterfeit cosmetics may contain bacterial contamination, toxic or hazardous ingredients, heavy metals, or lack active ingredients.