TD 73-174. TD 75-160. TD 75-160. (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) 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 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) CR-133.2 133.6 Change in name of owner of recorded trade mark. 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) 133.11 Subpart B--RECORDATION OF TRADE NAMES 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 business 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) 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 TD 75-160. association or corporation, the State, country, or other political jurisdiction within which it was organized, incorporated or created); (b) The name or trade style to be recorded; (c) The name and principal business address of each foreign person or business entity authorized or licensed to use the trade name and a statement as to the use authorized; (d) The identity of any parent or subsidiary company, or other foreign company under common ownership or control which uses the trade name abroad (see section 133.2(d)); and (e) A description of the merchandise with which the trade name is associated. (Sec. 42, 60 Stat. 440; 15 U.S. C. 1124) 133.13 Documents and fee to accompany application. (a) Documents. The application shall be accompanied by a statement of the owner, partners or principal corporate officer, and by statements by at least two other persons not associated with or related to the applicant but having actual knowledge of the facts, stating that to his best knowledge and belief: (1) The applicant has used the trade name in connection with the class or kind of merchandise described in the application for at least 6 months; (2) The trade name is not identical or confusingly similar to any other trade name or registered trademark used in connection with such class or kind of merchandise; and (3) The applicant has the sole and exclusive right to the use of such trade name in connection with the merchandise of that class or kind. (b) Fee. The application shall be accompanied by a fee of $190 for each trade name to be recorded. 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) (a) Notice of tentative recordation. Notice of tentative recordation of a trade name shall be published in the Federal Register and the Customs Bulletin. The notice shall specify a procedure and a time period within which interested parties may oppose the recordation. (b) Notice of final action. After consideration of any claims, rebuttals, and other relevant evidence, notice of final approval or disapproval of the application shall be published in the Federal Register and the Customs Bulletin. 133.15 Term of Customs trade name recordation. Protection for a recorded trade name shall remain in force as long as the trade name is used. The recordation shall be canceled upon request of the recordant or upon evidence of disuse. From time to time, the Commissioner of Customs may request the trade name owner to advise whether the name is still in use. The failure of a trade name owner to respond to such a request shall be regarded as evidence of disuse. (Sec. 42, 60 Stat. 440; 15 U.S. C. 1124) Subpart C--IMPORTATIONS BEARING RECORDED TRADEMARKS 133.21 Restrictions on importation of articles bearing recorded trademarks and trade names. (a) Copying or simulating marks or names. Articles of foreign or domestic manufacture bearing a mark or name copying or simulating a recorded trademark or trade name shall be denied entry and are subject to forfeiture as prohibited importations. A "copying or simulating" mark or name is an actual counterfeit of the recorded mark or name or is one which so resembles it as to be likely to CR-133.4 cause the public to associate the copying or simulating mark with the recorded mark or name. (b) Identical trademark. Foreign-made articles bearing a trademark identical with one owned and recorded by a citizen of the United States or a corporation or association created or organized within the United States are subject to seizure and forfeiture as prohibited importations. (c) Restrictions not applicable. The restrictions set forth in paragraphs (a) and (b) do not apply to imported articles when: (1) Both the foreign and the United States trademark or trade name are owned by the same person or business entity; (2) The foreign and domestic trademark or trade name owners are parent and subsidiary companies or are otherwise subject to common ownership or control (see sections 133.2(d) and 133.12(d)); (3) The articles of foreign manufacture bear a recorded trademark or trade name applied under authorization of the United States owner; (4) The objectionable mark is removed or obliterated prior to importation in such a manner as to be illegible and incapable of being reconstituted, for example by: name; (i) Grinding off imprinted trademarks wherever they appear; (ii) Removing and disposing of plates bearing a trademark or trade (5) The merchandise is imported by the recordant of the trademark or trade name or his designate; or (6) The recordant gives written consent to an importation of articles otherwise subject to the restrictions set forth in paragraphs (a) and (b), and such consent is furnished to appropriate Customs officials. (Sec. 42, 60 Stat. 440, sec. 526, 46 Stat. 741; 15 U.S. C. 1124, 19 U.S. C. 1526) 133.22 Detention of articles subject to restrictions. (a) In general. Articles subject to the restrictions of section 133.21 shall be detained for 30 days from the date of notice to the importer that such restrictions apply to permit the importer to establish that any of the circumstances described in section 133.21(c) are applicable. (b) Notice of detention. Notice of detention of articles found subject to the restrictions of section 133.21 shall be given the importer in writing, except that for articles accompanying the importer or arriving by mail, notice of detention shall be given in the following manner: (1) Articles accompanying importer. When the articles are carried as accompanying baggage or on the person of persons arriving in the United States, the Customs inspector shall orally advise the importer that the articles are subject to detention. (2) Mail importations. When the articles arrive by mail in non-commercial shipments, or in commercial shipments valued at $250 or less, notice of the detention shall be given on Customs Form 8. (c) Failure to obtain release in 30 days. If the importer has not obtained release of detained articles within the 30-day period of detention, 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. (a) General. Articles detained in accordance with section 133.22 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 section 133.21(c) are established. (b) Articles accompanying importer. Articles arriving as accompanying baggage or on the person of the importer may be exported or destroyed under Customs supervision at the request of the importer, or may be released if: (1) The importer removes or obliterates the marks in a manner acceptable to the Customs officer at the time of examination of the articles; or (2) The request of the importer to obtain skillful removal of the marks is granted by the district director on such conditions as he may deem necessary, and upon return of the article to Customs for verification, the marks are found to be satisfactorily removed. CR-133.5 TD 73-175, 74-227. TD 73-212. (c) Mail importations. Articles arriving by mail in non-commercial shipments, or in commercial shipments valued at $250 or less may be exported or destroyed at the request of the addressee or may be released if: (1) The addressee appears in person at the appropriate Customs office and at that time removes or obliterates the marks in a manner acceptable to the Customs officer; or (2) The request of the addressee appearing in person to obtain skillful removal of the marks is granted by the district director on such conditions as he may deem necessary, and upon return of the article to Customs for verification, the marks are found to be satisfactorily removed. 133.24 Demand for redelivery of released merchandise. If it is determined that merchandise which has been released from Customs custody is subject to the restrictions of section 133.21, the district director shall promptly make demand for the redelivery of the merchandise under the terms of the entry bond in accordance with section 141.113 of this chapter. If the merchandise is not redelivered to Customs custody, a claim for liquidated damages shall be made in accordance with section 141.113(g) of this chapter. 133.31 Subpart D--RECORDATION OF COPYRIGHTS Recordation of copyrighted works. (a) Eligible works. Claims to copyright which have been registered in accordance with the provisions of the Copyright Act of July 30, 1947, as amended (17 U.S.C. 1-32), or unregistered claims to copyright in works entitled to protection under section 9(c) of that Act, as amended (17 U.S.C. 9(c)), by virtue of the Universal Copyright Convention, may be recorded with the Bureau of Customs if the copyright is subsisting. (b) Persons eligible to record. The copyright proprietor, or any person claiming actual or potential injury by reason of actual or contemplated importations of copies of eligible works, may file an application to record a copyright. (c) Countries party to the Universal Copyright Convention. The following countries are party to the Universal Copyright Convention: (d) 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 133.32, 133.35, 133.36, or 133.37 of this subpart. 133.32 Application to record copyright. An application to record a copyright to secure Customs protection against the importation of piratical copies shall be in writing addressed to the Commissioner CR-133.6 |