2019 April No.14 – Intellectual Property Rights


CBP may detain articles suspected of bearing a counterfeit version of a trademark that is registered with the U.S. Patent and Trademark Office and recorded with CBP. The detention notice provides notification to the importer that:

A. The merchandise will be detained for a minimum of 60 days.

B. The importer has fourteen days to respond to the notice of detention.

C. The detention period may be extended for up to an additional 60 days for good cause shown by the importer.

D. Unless the importer presents information within seven days of the notification establishing that the detained merchandise does not bear a counterfeit mark, CBP may disclose to the owner of the mark information appearing on the merchandise or its retail packaging.

E. The importer must not disclose any information to the owner of the mark.

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The Answer is: D

Citation: 19CFR133.21(b)(1)

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