October 2018 — Question 75
A mail shipment consisting of one handbag valued at $900, bearing a spurious mark identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office and recorded with CBP, is NOT subject to seizure under 19 C.F.R. § 133.21(e) because:
- AThe handbag is intended for personal use, and the exemption for the same type of article has not been taken within the 30-day detention period.
- BThe handbag is intended for personal use, and the quantity does not exceed the exemption of one article of the type bearing the protected trademark.
- CThe circumstances allowing trademark or trade name restriction(s) set forth in 19 C.F.R. § 133.22(c) or 19 C.F.R. § 133.23(d) are established.
- DThe addressee appears in person at the appropriate CBP office and, at the time, removes or obliterates the mark on the handbag in a manner acceptable to CBP.
- ENone of the above.✓ CBP's answer
Why this answer
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CBP's cited authority
Answer and citations as published in CBP's official answer key for the October 2018 examination.
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