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19 U.S.C. § 1526 — Merchandise bearing American trade-mark
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-19/section-1526-merchandise-bearing-american-trade-mark--c2b15202c3.md
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Source location: Title 19, Chapter 4, § 1526; chapter-004-tariff-act-of-1930.md
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**(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 personal use and not for sale if (A) such articles are within the limits of types and quantities determined by the Secretary pursuant to paragraph (2) of this subsection, and (B) such person has not been granted an exemption under this subsection within thirty days immediately preceding his arrival.
(2) The Secretary shall determine and publish in the Federal Register lists of the types of articles and the quantities of each which shall be entitled to the exemption provided by this subsection. In determining such quantities of particular types of trade-marked articles, the Secretary shall give such consideration as he deems necessary to the numbers of such articles usually purchased at retail for personal use.
(3) If any article which has been exempted from the restrictions on importation of the trade-mark laws under this subsection is sold within one year after the date of importation, such article, or its value (to be recovered from the importer), is subject to forfeiture. A sale pursuant to a judicial order or in liquidation of the estate of a decedent is not subject to the provisions of this paragraph.
(4) The Secretary may prescribe such rules and regulations as may be necessary to carry out the provisions of this subsection.
**(e) Merchandise bearing counterfeit mark; seizure and forfeiture; disposition of seized goods** Any such merchandise bearing a counterfeit mark (within the meaning of [section 1127 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1127&num=0&edition=prelim)) imported into the United States in violation of the provisions of [section 1124 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1124&num=0&edition=prelim), shall be seized and, in the absence of the written consent of the trademark owner, forfeited for violations of the customs laws. Upon seizure of such merchandise, the Secretary shall notify the owner of the trademark, and shall, after forfeiture, destroy the merchandise. Alternatively, if the merchandise is not unsafe or a hazard to health, and the Secretary has the consent of the trademark owner, the Secretary may obliterate the trademark where feasible and dispose of the goods seized—
(1) by delivery to such Federal, State, and local government agencies as in the opinion of the Secretary have a need for such merchandise,
(2) by gift to such eleemosynary institutions as in the opinion of the Secretary have a need for such merchandise, or
(3) more than 90 days after the date of forfeiture, by sale by the Customs Service at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under paragraph (1) or (2).
**(f) Civil penalties**
(1) Any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that is seized under subsection (e) shall be subject to a civil fine.
(2) For the first such seizure, the fine shall be not more than the value that the merchandise would have had if it were genuine, according to the manufacturer’s suggested retail price, determined under regulations promulgated by the Secretary.
(3) For the second seizure and thereafter, the fine shall be not more than twice the value that the merchandise would have had if it were genuine, as determined under regulations promulgated by the Secretary.
(4) The imposition of a fine under this subsection shall be within the discretion of the Customs Service, and shall be in addition to any other civil or criminal penalty or other remedy authorized by law.
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Federal law — U.S. Code and appendices · legal_authorities
In the construction of this chapter, unless the contrary is plainly apparent from the context—
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1127
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1124
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsections (c) and (d), if the Commissioner of U.S. Customs and Border Protection suspects that merchandise is being imported into the United States in violation of [section 1526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1526&num=0&edition=prelim) or section 602, 1201(a)(2), or 1201(b)(1) of title 17 and determines that the examination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the merchandise is being imported in violation of that section, the Commissioner, to permit the person to conduct the examination and testing—
(1) shall provide to the person information that appears on the merchandise and its packaging and labels, including unredacted images of the merchandise and its packaging and labels; and
(2) may, subject to any applicable bonding requirements, provide to the person unredacted samples of the merchandise.
**(b) Person described** A person described in this subsection is—
(1) in the case of merchandise suspected of being imported in violation of [section 1526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1526&num=0&edition=prelim), the owner of the trademark suspected of being copied or simulated by the merchandise;
(2) in the case of merchandise suspected of being imported in violation of [section 602 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section602&num=0&edition=prelim), the owner of the copyright suspected of being infringed by the merchandise;
(3) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls acces
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1628a
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Federal law — U.S. Code and appendices · legal_authorities
[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.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1643
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Federal law — U.S. Code and appendices · legal_authorities
Page 250
TITLE 19—CUSTOMS DUTIES
§ 1525
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1938 AMENDMENT
Amendment by act June 25, 1938, effective on thir-
tieth day following June 25, 1938, except as otherwise
specifically provided, see section 37 of act June 25, 1938,
set out as a note under section 1401 of this title.
§ 1525. Repealed. Pub. L. 89–762, § 2, Nov. 5, 1966,
80 Stat. 1312
Section, act June 17, 1930, ch. 497, title IV, § 525, 46
Stat. 741, authorized the Secretary of the Treasury to
employ not more than ten persons in the District of Co-
lumbia who have been detailed from the field force of
the Customs Service.
§ 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 manu-
facture if such merchandise, or the label, sign,
print, package, wrapper, or receptacle, bears a
trademark owned by a citizen of, or by a cor-
poration or association created or organized
within, the United States, and registered in the
Patent and Trademark Office by a person domi-
ciled 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 for-
feiture for violation of the customs laws.
(c) Injunction and damages
Any person dealing in any such merchandise
ma
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1526
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