April 2019 — Question 15

Which statement is FALSE?

• AMerchandise bearing a trademark that has been accorded Lever-rule protection under 19 C.F.R. part 133, may be imported into the United States if it bears a conspicuous and legible label designed to remain on the merchandise or its packaging stating that “the product is not a product authorized by the United States trademark owner for importation and is physically and materially different from the authorized product.”
• BProtection for a recorded trade name shall remain in force as long as the trade name is used.
• CIf there is a change in the name of the owner of a recorded trademark, but no change in ownership, written notice thereof shall be given to the IPR & Restricted Merchandise Branch, CBP Headquarters, accompanied by a fee of $190.00.✓ CBP's answer
• DA “copying or simulating” trademark or trade name is one which may so resemble a recorded mark or name as to be likely to cause the public to associate the copying or simulating mark or name with the recorded mark or name.
• EThe importation of infringing copies or phonorecords of works copyrighted in the U.S. is prohibited by Customs. The importation of lawfully made copies is not a Customs violation. Category IV – Fines and Penalties