[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR133.21]

[Page 645]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 133--TRADEMARKS, TRADE NAMES, AND COPYRIGHTS--Table of Contents
 
Subpart C--Importations Bearing Registered and/or Recorded Trademarks or 
                          Recorded Trade Names
 
Sec. 133.21  Articles bearing counterfeit trademarks.

    Source: T.D. 99-21, 64 FR 9062, Feb. 24, 1999, unless otherwise 
noted.


    (a) Counterfeit trademark defined. A ``counterfeit trademark'' is a 
spurious trademark that is identical to, or substantially 
indistinguishable from, a registered trademark.
    (b) Seizure. Any article of domestic or foreign manufacture imported 
into the United States bearing a counterfeit trademark shall be seized 
and, in the absence of the written consent of the trademark owner, 
forfeited for violation of the customs laws.
    (c) Notice to trademark owner. When merchandise is seized under this 
section, Customs shall disclose to the owner of the trademark the 
following information, if available, within 30 days, excluding weekends 
and holidays, of the date of the notice of seizure:
    (1) The date of importation;
    (2) The port of entry;
    (3) A description of the merchandise;
    (4) The quantity involved;
    (5) The name and address of the manufacturer;
    (6) The country of origin of the merchandise;
    (7) The name and address of the exporter; and
    (8) The name and address of the importer.
    (d) Samples available to the trademark owner. At any time following 
seizure of the merchandise, Customs may provide a sample of the suspect 
merchandise to the owner of the trademark for examination, testing, or 
other use in pursuit of a related private civil remedy for trademark 
infringement. To obtain a sample under this section, the trademark/trade 
name owner must furnish Customs a bond in the form and amount specified 
by the port director, conditioned to hold the United States, its 
officers and employees, and the importer or owner of the imported 
article harmless from any loss or damage resulting from the furnishing 
of a sample by Customs to the trademark owner. Customs may demand the 
return of the sample at any time. The owner must return the sample to 
Customs upon demand or at the conclusion of the examination, testing, or 
other use in pursuit of a related private civil remedy for trademark 
infringement. In the event that the sample is damaged, destroyed, or 
lost while in the possession of the trademark owner, the owner shall, in 
lieu of return of the sample, certify to Customs that: ``The sample 
described as [insert description] and provided pursuant to 19 CFR 
133.21(d) was (damaged/destroyed/lost) during examination, testing, or 
other use.''
    (e) Failure to make appropriate disposition. Unless the trademark 
owner, within 30 days of notification, provides written consent to 
importation of the articles, exportation, entry after obliteration of 
the trademark, or other appropriate disposition, the articles shall be 
disposed of in accordance with Sec. 133.52, subject to the importer's 
right to petition for relief from the forfeiture under the provisions of 
part 171 of this chapter.