§ 1124. — Importation of goods bearing infringing marks or names forbidden.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1124]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1124. Importation of goods bearing infringing marks or
names forbidden
Except as provided in subsection (d) of section 1526 of title 19, 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 are manufactured, or of his registered
trademark, and thereupon the Secretary of the Treasury shall cause one
or more copies of the same to be transmitted to each collector or other
proper officer of customs.
(July 5, 1946, ch. 540, title VII, Sec. 42, 60 Stat. 440; Pub. L. 95-
410, title II, Sec. 211(b), Oct. 3, 1978, 92 Stat. 903; Pub. L. 105-330,
title II, Sec. 201(a)(11), (12), Oct. 30, 1998, 112 Stat. 3070; Pub. L.
106-43, Sec. 6(b), Aug. 5, 1999, 113 Stat. 220.)
Prior Provisions
Act Feb. 20, 1905, ch. 592, Sec. 27, 33 Stat. 730.
Amendments
1999--Pub. L. 106-43 substituted ``trademarks'' for ``trade-marks''.
1998--Pub. L. 105-330, Sec. 201(a)(11), substituted ``name of any
domestic'' for ``name of the any domestic''.
Pub. L. 105-330, Sec. 201(a)(12), substituted ``trademark'' for
``trade-mark'' wherever appearing.
1978--Pub. L. 95-410 substituted ``Except as provided in subsection
(d) of section 1526 of title 19, no article'' for ``No article''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-330 effective Oct. 30, 1998, and applicable
only to any civil action filed or proceeding before the United States
Patent and Trademark Office commenced on or after such date relating to
the registration of a mark, see section 201(b) of Pub. L. 105-330, set
out as a note under section 1051 of this title.
Repeal and Effect on Existing Rights
Repeal of inconsistent provisions, effect of this chapter on pending
proceedings and existing registrations and rights under prior acts, see
notes set out under section 1051 of this title.
Transfer of Functions
Offices of collector of customs, comptroller of customs, surveyor of
customs, and appraiser of merchandise of Bureau of Customs of Department
of the Treasury to which appointments were required to be made by
President with advice and consent of Senate ordered abolished, with such
offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan
No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out
in the Appendix to Title 5, Government Organization and Employees.
Functions of offices eliminated were already vested in Secretary of the
Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R.
4935, 64 Stat. 1280, set out in the Appendix to Title 5.
Section Referred to in Other Sections
This section is referred to in sections 1094, 1122 of this title;
title 19 sections 1484, 1526, 1595a; title 48 section 1643.
