2022 April No.54 – Intellectual Property Rights


The new owner of a previously recorded trademark would like to continue the recordation with CBP. The trademark is for an item with a gray market counterpart the owner would like protection against based on physical and material differences. The following are all actions the owner must take to continue the recordation EXCEPT:

A. Pay a fee of $80.00 which covers all trademarks included in the application

B. State the basis for the asserted physical and material differences with particularity and competent evidence with summaries of the differences for publication in the Customs Bulletin

C. The identity of any parent or subsidiary company or other foreign company under common ownership (only for those with aggregate ownership of more than 40% of the business entity) and common control which uses the trademark abroad

D. Describe any time limit on the rights of ownership transferred

E. Submit a status copy of the certificate of registration certified by the U.S. Patent and Trademark Office showing the title to be presently in the new owner’s name

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The Answer is: C

Citation: 19 CFR 133.2(d) 19 CFR 133.5(d) 19 CFR 133.2(e) 19 CFR 133.5(b) 19 CFR 133.5(c)

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