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CFR › Title 19 › Chapter I › Part 133 › Subpart C › Section 133.21

19 CFR 133.21 - Articles bearing counterfeit trademarks.

There is 1 rule appearing in the Federal Register for 19 CFR 133. Select the tab below to view, or View eCFR (GPOAccess)
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§ 133.21
Articles bearing counterfeit trademarks.
(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 § 133.52, subject to the importer's right to petition for relief from the forfeiture under the provisions of part 171 of this chapter.

Title 19 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-04-24; vol. 77 # 79 - Tuesday, April 24, 2012
    1. 77 FR 24375 - Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Interim rule; solicitation of comments.
      Effective April 24, 2012; comments must be received on or before June 25, 2012.
      19 CFR Parts 133 and 151

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 10 - ARMED FORCES

§ 1124 - Cash awards for disclosures, suggestions, inventions, and scientific achievements

USC : Title 15 - COMMERCE AND TRADE

§ 1096 - Registration on supplemental register not used to stop importations

§ 1124 - Importation of goods bearing infringing marks or names forbidden

U.S.C. : Title 17 - COPYRIGHTS

17 U.S.C. § 101 - Definitions

§ 601 - Repealed.

§ 602 - Infringing importation or exportation of copies or phonorecords

§ 603 - Importation prohibitions: Enforcement and disposition of excluded articles

USC : Title 19 - CUSTOMS DUTIES

§ 66 - Rules and forms prescribed by Secretary

§ 1202 - Harmonized Tariff Schedule

§ 1526 - Merchandise bearing American trade-mark

§ 1558 - No remission or refund after release of merchandise

§ 1623 - Bonds and other security

§ 1624 - General regulations

USC : Title 31 - MONEY AND FINANCE

§ 9701 - Fees and charges for Government services and things of value

Title 19 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 133 after this date.

  • 2012-04-24; vol. 77 # 79 - Tuesday, April 24, 2012
    1. 77 FR 24375 - Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Interim rule; solicitation of comments.
      Effective April 24, 2012; comments must be received on or before June 25, 2012.
      19 CFR Parts 133 and 151