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

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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Stable record: federal_law:legal_authorities:record_usc_8243cf511f00c0015f224901
Source file: Laws/federal/codes/united-states-code/title-15/section-1124-importation-of-goods-bearing-infringing-marks-or-names-forbidden--0b8bf55a83.md
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Source location: Title 15, Chapter 22, § 1124; chapter-022-trademarks.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

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1526

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1051

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

19 U.S.C. § 1484 — Entry of merchandise

**(a) Requirement and time** (1) Except as provided in sections 1490, 1498, 1552, and 1553 of this title, one of the parties qualifying as “importer of record” under paragraph (2)(B), either in person or by an agent authorized by the party in writing, shall, using reasonable care— (A) make entry therefor by filing with the Bureau of Customs and Border Protection such documentation or, pursuant to an authorized electronic data interchange system, such information as is necessary to enable the Bureau of Customs and Border Protection to determine whether the merchandise may be released from custody of the Bureau of Customs and Border Protection; 11 So in original. The word “and” probably should appear at end. (B) complete the entry, or substitute 1 or more reconfigured entries on an import activity summary statement, by filing with the Customs Service the declared value, classification and rate of duty applicable to the merchandise, and such other documentation or, pursuant to an electronic data interchange system, such other information as is necessary to enable the Customs Service to— (i) properly assess duties on the merchandise, (ii) collect accurate statistics with respect to the merchandise, and (iii) determine whether any other applicable requirement of law (other than a requirement relating to release from customs custody) is met. (2) (A) The documentation or information required under paragraph (1) with respect to any imported merchandise shall be filed or transmitted in such manner and within such time periods as the Secretary shall by regulation prescribe. Such regulations shall provide for the filing of import activity summary statements, and permit the filing of reconfigured entries, covering merchandise released under a special deliv

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1484

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

19 U.S.C. § 1654 — Short title

This chapter may be cited as the “Tariff Act of 1930.”

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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.].

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

15 U.S.C. § 1124 — Importation of goods bearing infringing

Page 1321 TITLE 15—COMMERCE AND TRADE § 1124 corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be im- mune from suit in Federal or State court by any person, including any governmental or non- governmental entity, for any violation under this chapter. (b) Waiver of sovereign immunity by States Any State, instrumentality of a State or any officer or employee of a State or instrumen- tality of a State acting in his or her official ca- pacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or non- governmental entity for any violation under this chapter. (c) Remedies In a suit described in subsection (a) or (b) for a violation described therein, remedies (includ- ing remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any person other than the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or a State, instrumentality of a State, or officer or employee of a State or instrumen- tality of a State acting in his or her official ca- pacity. Such remedies include injunctive relief under section 1116 of this title, actual damages, profits, costs and attorney’s fees under section 1117 of this title, destruction of infringing arti- cles under section 1118 of this title, the remedies provided for under sections 1114, 1119, 1120, 1124 and 1125 of this title, and for any

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1124

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