Silky Smooth Inc. has recorded its trademark “Lovely Lotion” with Customs. An importation of hand softener bearing a mark resembling Silky Smooth’s trademark has been imported. While it is not exactly identical to the recorded mark, it is likely to cause the public to associate the simulated mark with the recorded mark. Which ONE of the following actions will be taken by Customs?
A) Release the importation as it is not exactly identical to the recorded mark.
B) Deny entry and subject the importation to detention for 30 days from the date on which it was presented for Customs examination.
C) Detain the importation and require Silky Smooth to immediately take steps to register its mark with the U.S. Patent and Trademark Office.
D) Deny entry and subject the importation to detention until Silky Smooth, as trademark owner, can be consulted by Customs for authenticity.
E) As counterfeit, the importation shall be seized.
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The Answer is: B
Citation: 19 CFR 133.22(a),(b); 133.25(a)
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