[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR133.21]



[Page 705-706]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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



[[Page 706]]



    (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.