[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: 19CFR133.22]

[Page 645-646]
 
                        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. 133.22  Restrictions on importation of articles bearing copying or simulating trademarks.

    (a) Copying or simulating trademark or trade name defined. A 
``copying or simulating'' trademark or trade name is one

[[Page 646]]

which may so resemble a recorded mark or name as to be likely to cause 
the public to associate the copying or simulating mark or name with the 
recorded mark or name.
    (b) Denial of entry. Any articles of foreign or domestic manufacture 
imported into the United States bearing a mark or name copying or 
simulating a recorded mark or name shall be denied entry and subject to 
detention as provided in Sec. 133.25.
    (c) Relief from detention of articles bearing copying or simulating 
trademarks. Articles subject to the restrictions of this section shall 
be detained for 30 days from the date on which the goods are presented 
for Customs examination, to permit the importer to establish that any of 
the following circumstances are applicable:
    (1) The objectionable mark is removed or obliterated as a condition 
to entry in such a manner as to be illegible and incapable of being 
reconstituted, for example by:
    (i) Grinding off imprinted trademarks wherever they appear;
    (ii) Removing and disposing of plates bearing a trademark or trade 
name;
    (2) The merchandise is imported by the recordant of the trademark or 
trade name or his designate;
    (3) The recordant gives written consent to an importation of 
articles otherwise subject to the restrictions set forth in paragraph 
(b) of this section or Sec. 133.23(c) of this subpart, and such consent 
is furnished to appropriate Customs officials;
    (4) The articles of foreign manufacture bear a recorded trademark 
and the one-item personal exemption is claimed and allowed under 
Sec. 148.55 of this chapter.
    (d) Exceptions for articles bearing counterfeit trademarks. The 
provisions of paragraph (c)(1) of this section are not applicable to 
articles bearing counterfeit trademarks at the time of importation (see 
Sec. 133.26).
    (e) Release of detained articles. Articles detained in accordance 
with Sec. 133.25 may be released to the importer during the 30-day 
period of detention if any of the circumstances allowing exemption from 
trademark or trade name restriction set forth in paragraph (c) of this 
section are established.
    (f) Seizure. If the importer has not obtained release of detained 
articles within the 30-day period of detention, the merchandise shall be 
seized and forfeiture proceedings instituted. The importer shall be 
promptly notified of the seizure and liability to forfeiture and his 
right to petition for relief in accordance with the provisions of part 
171 of this chapter.