§1526 Merchandise bearing American trade-mark

Summary

It is illegal to bring into the United States foreign-made goods that use a trademark owned by a U.S. person or a U.S. company and registered in the U.S. Patent and Trademark Office by someone living in the United States, if a copy of that registration has been filed with the Secretary of the Treasury under section 106 of title 15, unless the trademark owner gives written permission when the goods are entered. Goods brought in against this rule can be seized and forfeited under customs law. People who sell or handle such goods can be ordered to stop, export, destroy them, remove the mark, or pay the same damages and profits that apply under sections 81 to 109 of title 15. Small amounts of trademarked goods that a traveler brings for personal use are exempt if they fit the types and quantities the Secretary decides and if the traveler has not used the exemption in the past 30 days. The Secretary will publish those lists and can make rules. If an exempted item is sold within one year, it can be seized. Counterfeit-marked goods are seized and, after notice to the owner, destroyed unless the owner agrees to let the mark be removed and the goods given to government agencies, charities, or sold at public auction more than 90 days after forfeiture. People who help import seized counterfeit goods can be fined up to the suggested retail value for a first offense and up to twice that for later offenses; fines are decided by Customs and are in addition to other penalties.