2017 April No.60 – Intellectual Property Rights


60. A mail shipment of one counterfeit handbag valued at $500, bearing a spurious mark identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office and recorded with CBP, is exempt from prohibition under section 526, Tariff Act of 1930, as amended (19 U.S.C.§ 1526), if:

A. The item is intended for personal use, and the exemption for the same type of article has not been taken within the 30-day period.

B. The item is intended for personal use, and the quantity does not exceed the exemption of one article of the type bearing the protected trademark.

C. The circumstances allowing exemption from trademark or trade name restriction(s) set forth in §133.22(c) or §133.23(d) are established.

D. 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.

E. None of the above.

[bg_collapse view=”button-green” color=”#4a4949″ icon=”arrow” expand_text=”Show Answer and Citation” collapse_text=”Hide Answer and Citation” ]

The Answer is: E

Citation: 19 C.F.R. § 148.55

[/bg_collapse]



Subscribe
Notify of