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48 U.S.C. § 1643 — Import provisions with respect to trade-marks

Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1643 — Import provisions with respect to trade-marks

[Section 1124 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1124&num=0&edition=prelim), and [section 1526 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1526&num=0&edition=prelim), shall not apply to importations into the Virgin Islands of genuine foreign merchandise bearing a genuine foreign trade-mark, but shall remain applicable to importations of such merchandise from the Virgin Islands into the United States or its possessions; and the dealing in or possession of any such merchandise in the Virgin Islands shall not constitute a violation of any registrant’s right under the Trade Mark Act [[15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) et seq.].

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Source file: Laws/federal/codes/united-states-code/title-48/section-1643-import-provisions-with-respect-to-trade-marks--799d98fadd.md
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Source location: Title 48, Chapter 12, § 1643; chapter-012-virgin-islands-1954.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1526 — Merchandise bearing American trade-mark

**(a) Importation prohibited** Except as provided in subsection (d) of this section, it shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise, or the label, sign, print, package, wrapper, or receptacle, bears a trademark owned by a citizen of, or by a corporation or association created or organized within, the United States, and registered in the Patent and Trademark Office by a person domiciled in the United States, under the provisions of sections 81 to 109 of title 15, and if a copy of the certificate of registration of such trademark is filed with the Secretary of the Treasury, in the manner provided in section 106 of said title 15, unless written consent of the owner of such trademark is produced at the time of making entry. **(b) Seizure and forfeiture** Any such merchandise imported into the United States in violation of the provisions of this section shall be subject to seizure and forfeiture for violation of the customs laws. **(c) Injunction and damages** Any person dealing in any such merchandise may be enjoined from dealing therein within the United States or may be required to export or destroy such merchandise or to remove or obliterate such trademark and shall be liable for the same damages and profits provided for wrongful use of a trade-mark, under the provisions of sections 81 to 109 of title 15. **(d) Exemptions; publication in Federal Register; forfeitures; rules and regulations** (1) The trademark provisions of this section and [section 1124 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1124&num=0&edition=prelim), do not apply to the importation of articles accompanying any person arriving in the United States when such articles are for his persona

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1124 — Importation of goods bearing infringing marks or names forbidden

Except as provided in subsection (d) of [section 1526 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1526&num=0&edition=prelim), no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer, or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trademark registered in accordance with the provisions of this chapter or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any customhouse of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trademarks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trademark, issued in accordance with the provisions of this chapter, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

**(a) Application for use of trademark** (1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the applicant and specify that— (A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; (B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; (C) the mark is in use in commerce; and (D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— (i) state exceptions to the claim of exclusive use; and (ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge— (I) any concurrent use by othe

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

Page 1275 TITLE 15—COMMERCE AND TRADE § 1051 1 So in original. The word ‘‘shall’’ probably should not appear. ‘‘An Act to authorize the registration of trade-marks and protect the same,’’ and also act Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled ‘‘An Act relating to the registra- tion of trade marks’’. Former section 109 of this title repealed all inconsistent acts and parts of acts, except so far as they might apply to certificates of registra- tion issued under the Trade-Mark Act of Mar. 3, 1881, ch. 138, and act Aug. 5, 1882, ch. 393. Statutory Notes and Related Subsidiaries EFFECTIVE DATE This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, be- came effective one year from July 5, 1946, and repealed chapter 3 of this title as of that date. See notes under section 1051 of this title. SUBCHAPTER I—THE PRINCIPAL REGISTER § 1051. Application for registration; verification (a) Application for use of trademark (1) The owner of a trademark used in com- merce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Pat- ent and Trademark Office an application and a verified statement, in such form as may be pre- scribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the ap- plicant and specify that— (A) the person making the verification be- lieves that he or she, or the juristic per

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1643 — Import provisions with respect to trade-

Page 163 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1644 1 So in original. Probably should be ‘‘Legislature’’. 1 See References in Text note below. ary 1, 1982: Provided, That any other retained costs not heretofore remitted pursuant to the Act of August 18, 1978, shall be immediately re- mitted to the Treasury of the Virgin Islands notwithstanding any other provision of law) shall be covered into the treasury of the Virgin Islands, and shall be available for expenditure as the Legislature of the Virgin Islands may pro- vide: Provided, That the term ‘‘inhabitants of the Virgin Islands’’ as used in this section shall include all persons whose permanent residence is in the Virgin Islands, and such persons shall satisfy their income tax obligations under appli- cable taxing statutes of the United States by paying their tax on income derived from all sources both within and outside the Virgin Is- lands into the treasury of the Virgin Islands: Provided further, That nothing in this chapter shall be construed to apply to any tax specified in section 3811 of the Internal Revenue Code. (July 22, 1954, ch. 558, § 28(a), 68 Stat. 508; Pub. L. 95–348, § 4(c)(3), Aug. 18, 1978, 92 Stat. 491; Pub. L. 96–205, title IV, § 403(a), Mar. 12, 1980, 94 Stat. 89.) Editorial Notes REFERENCES IN TEXT Act of August 18, 1978, referred to in text, probably means Pub. L. 95–348, Aug. 18, 1978, 92 Stat. 487, which enacted sections 1645 and 1841 of this title and section 410dd of Title 16, Conservation, amended sections 1421h, 1469a, 1575, and 1642 of this title and sections 398a and 398c to 398f of Title 16, and enacted provisions set out as a note under sections 1421, 1641, and 1681 of this title. For complete classification of this Act to the Code, see Tables.

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