[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: 19CFR133.7]



[Page 704]

 

                        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 A_Recordation of Trademarks

 

Sec.  133.7  Renewal of trademark recordation.



    (a) Application to renew. To continue uninterrupted Customs 

protection for trademarks, the trademark owner shall submit a written 

application to renew Customs recordation to the Intellectual Property 

Rights Branch not later than 3 months after the date of expiration of 

the current 20-year trademark registration issued by the U.S. Patent and 

Trademark Office. A timely application to renew a Customs recordation 

must include the following:

    (1) A status copy of the certificate of registration certified by 

the U.S. Patent and Trademark Office showing renewal of the trademark 

and title to be in the name of the applicant;

    (2) A statement describing any change of ownership or in the name of 

owner, in compliance with Sec. Sec.  133.5 and 133.6 of this part, and 

any change of addresses of owners or places of manufacture; and

    (3) A fee of $80 for each renewal of a trademark recordation. Where 

the trademark covers several classes, a fee of $80 is required for each 

class. A check or money order shall be made payable to the United States 

Customs Service.

    (b) Delayed application. Upon request made during the grace period 

of 3 months afforded by paragraph (a) of this section, a trademark owner 

whose application for renewal of recordation is unavoidably delayed may 

be afforded a reasonable extended period within which to comply with the 

requirements of paragraph (a) of this section. The request shall be in 

writing, addressed to the Intellectual Property Rights Branch, and shall 

set forth the circumstances due to which application is delayed.

    (c) Untimely application. Failure of the trademark owner to submit a 

renewal application within the 3-month grace period afforded in 

accordance with paragraph (a) of this section or within an extension of 

time granted in accordance with paragraph (b) of this section, shall 

deprive the trademark owner of the renewal process. A delinquent 

applicant will be required to apply anew to record the renewed trademark 

in accordance with the procedures and requirements of Sec. Sec.  133.2 

and 133.3.



[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 75-160, 40 

FR 28791, July 9, 1975; T.D. 91-77, 56 FR 46115, Sept. 10, 1991]