[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: 19CFR133.22]



[Page 706-707]

 

                        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.  133.22  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 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,



[[Page 707]]



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.