
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
