was sent to him by the district director, the importation shall be treated in the same manner as other undeliverable mail.

Authority: The provisions of this Part 133 issued under R.S. 251, as amended,

sec. 624, 46 Stat. 759; 19 U.S.C. 66, 1624. Subpart D also issued under sec, 109, 61 Stat. 664, 17 U.S.C. 109.

133.0 Scope.

TD 72-266.

This part provides for the recordation of trademarks, trade names, and copyrights with the United States Customs Service for the purpose of prohibiting the importation of certain articles. It also sets forth the procedures for the disposition of articles bearing prohibited marks or names, and copyrighted or piratical articles, including release to the importer in appropriate circumstances.

Subpart A--RECORDATION OF TRADEMARKS

133.1 Recordation of trademarks.

(a) Eligible trademarks. Trademarks registered by the United States Patent Office under the Trademark Act of March 3, 1881, the Trademark Act of February 20, 1905, or the Tradamark Act of 1946, (15 U.S.C. 1051 et, seq.) except those registered on the supplemental register under the 1946 Act (15 U.S.C. 1096), may be recorded with the United States Customs Service if the registration is current.

(b) Notice of recordation and other action. Applicants and recordants will be notified of the approval or denial of an application filed in accordance with sections 133.2, 133,5, 133.6, and 133,7 of this subpart. (Secs. 28, 42, 60 Stat. 436, 440; 15 U.S.C. 1096, 1124) 133. 2 Application to record trademark.

An application to record one or more trademarks shall be in writing, addressed to the Commissioner of Customs, Washington, D.C. 20226, and shall include the following information:

(a) The name, complete business address, and citizenship of the trademark owner or owners (if a partnership, the citizenship of each partner; if an association or corporation the State, country or other political jurisdiction within which it was organized, incorporated, or created);

CR-133.1

(b) The places of manufacture of goods bearing the recorded trademark;

(c) The name and principal business address of each foreign person or business entity authorized or licensed to use the trademark and a statement as to the use authorized; and

(d) The identity of any parent or subsidiary company or other foreign company under common ownership or control which uses the trademark abroad. For this purpose:

(1) "Common ownership" means individual or aggregate ownership of more than 50% of the business entity; and

(2) "Common control" means effective control in policy and operations and is not necessarily synonymous with common ownership. (Sec. 42, 60 Stat, 440; 15 U.S.C. 1124)

TD 73-174.

TD 75-160.

133.3 Documents and fee to accompany application.
(a) Documents. The application shall be accompanied by:

(1) A status copy of the certificate of registration certified by the United States Patent Office showing title to be presently in the name of the applicant; and

(2) One thousand copies of this certificate, or of a United States Patent Office facsimile. The copies may be reproduced privately and shall be on paper approximately 8-1/2" by 11" in size. If the certificate consists of two or more pages, the copies may be reproduced on both sides of the paper.

(b) Fee. The application shall be accompanied by a fee of $190 for each trademark to be recorded. However, if the trademark is registered for more than one class of goods (based on the class, or classes, first stated on the certificate of registration, without consideration of any class, or classes, also stated in parentheses) the fee for recordation shall be $190 for each class for which the applicant desires to record the trademark with the United States Customs Service. For example, to secure recordation of a trademark registered for three classes of goods, a fee of $570 is payable. A check or money order shall be made payable to the United States Customs Service. (Sec. 42, 60 Stat. 440, sec. 501, 65 Stat, 290; 15 U.S.C. 1124, 31 U.S.C. 483a)

133.4 Effective date, term, and cancellation of trademark recordation and

renewals.

(a) Effective date. Recordation of trademark and protection thereunder shall be effective on the date an application for recordation is approved, as shown on the recordation notice issued by the United States Customs Service instructing Customs officers as to the terms and conditions of import protection appropriate.

(b) Term. The recordation or renewal of an existing recordation of a trademark shall remain in force concurrently with the 20-year current registration period or last renewal thereof in the Patent Office.

(c) Cancellation of recordation. Recordation of a trademark with the United States Customs Service shall be canceled if the trademark registration is finally canceled or revoked. (Sec. 42, 60 Stat. 440; 15 U.S.C. 1124)

133.5 Change of ownership of recorded trademark.

If there is a change in ownership of a recorded trademark and the new owner wishes to continue the recordation with the United States Customs Service, he shall apply therefor by:

(a) Complying with section 133,2;
(b) Describing any time limit on the rights of ownership transferred;

(c) Submitting a status copy of the certificate of registration certified by the United States Patent Office showing title to be presently in the name of the new owner; and

(d) Paying a fee of $80, which covers all trademarks included in the application which have been previously recorded with the United States Customs Serve ice. A check or money order shall be made payable to the United States Customs Service. (Sec. 42, 60 Stat. 440, sec. 501, 65 Stat, 290; 15 U.S.C. 1124, 31 U.S.C. 483a)

TD 75-160,

CR-133.2

133.6 Change in name of owner of recorded trademark,

If there is a change in the name of the owner of a recorded trademark, but no change in ownership, written notice thereof shall be given to the Commissioner of Customs, accompanied by:

(a) A status copy of the certificate of registration certified by the United States Patent Office showing title to be presently in the name as changed; and

(b) A fee of $80, which covers all trademarks included in the application TD 75-160, which have been previously recorded with the United States Customs Service, A check or money order shall be made payable to the United States Customs Service. (Sec. 42, 60 Stat. 440, sec, 501, 65 Stat, 290; 15 U.S.C. 1124, 31 U.S.C. 483a)

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 Commissioner of Customs not later than 3 months * after the date of expiration of the current 20-year trademark registration issued

by the Patent 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 United States Patent 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 sections 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 TD 75–160, 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), 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 Commissioner of Customs, 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), 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 sections 133.2 and 133.3. (Sec. 42, 60 Stat. 440, sec, 501, 65 Stat, 290; 15 U.S.C. 1124, 31 U.S.C. 483a)

Subpart B--RECORDATION OF TRADE NAMES

133.11

Trade names eligible for recordation.

The name or trade style used for at least 6 months to identify a manufacturer or trader may be recorded with the United States Customs Service. Words or designs used as trademarks, whether or not registered in the Patent Office shall not be accepted for recordation as a trade name. Generally, the complete busi

name will be recorded unless convincing proof establishes that only a part of the complete name is customarily used. (Sec. 42, 60 Stat. 440; 15 U.S.C. 1124)

ness

133.12 Application to record a trade name.

An application to record a trade name shall be in writing addressed to the Commissioner of Customs, Washington, D.C. 20226, and shall include the following information:

(a) The name, complete business address, and citizenship of the trade name owner or owners (if a partnership, the citizenship of each partner; if an

CR-133.3