Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1124. Importation of goods bearing infringing marks or names forbidden
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 79–540 · 60 Stat. 427
Enacted · 15 U.S.C. § 1124
July 5, 1946, ch. 540, title VII, § 42, 60 Stat. 440
Source evidence
Code source credit
July 5, 1946, ch. 540, title VII, § 42, 60 Stat. 440Customs Procedural Reform and Simplification Act of 1978
Pub. L. 95–410 title II § 211(b) · 92 Stat. 888
Substituted · 15 U.S.C. § 1124
Pub. L. 95–410 substituted “Except as provided in subsection (d) of section 1526 of title 19, no article” for “No article”
Source evidence
Code amendment note
Pub. L. 95–410 substituted “Except as provided in subsection (d) of section 1526 of title 19, no article” for “No article”.Enacted provision · exact public law section
(b) Section 42 of the Act of July 5, 1946 (15 U.S.C. 1124), is amended by striking out “That” and inserting in lieu thereof “Except as provided in subsection (d) of section 526 of the Tariff Act of 1930,”.Pub. L. 105–330 § 201(a)(11) · 112 Stat. 3064
Substituted · 15 U.S.C. § 1124
Pub. L. 105–330, § 201(a)(11), substituted “name of any domestic” for “name of the any domestic”
Source evidence
Code amendment note
Pub. L. 105–330, § 201(a)(11), substituted “name of any domestic” for “name of the any domestic”.Enacted provision · exact public law section
(11) Section 42 (15 U.S.C. 1124) is amended by striking “the any domestic” and inserting “any domestic”.Effective date note
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.Pub. L. 105–330 § 201(a)(12) · 112 Stat. 3064
Substituted · 15 U.S.C. § 1124
Pub. L. 105–330, § 201(a)(12), substituted “trademark” for “trade-mark” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–330, § 201(a)(12), substituted “trademark” for “trade-mark” wherever appearing.Enacted provision · exact public law section
(12) The Act is amended by striking “trade-mark” each 15 USC 1052, 1124 place it appears in the text and the title and inserting “trademark”.Effective date note
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.Trademark Amendments Act of 1999
Pub. L. 106–43 § 6(b) · 113 Stat. 218
Substituted · 15 U.S.C. § 1124
Pub. L. 106–43 substituted “trademarks” for “trade-marks”
Source evidence
Code amendment note
Pub. L. 106–43 substituted “trademarks” for “trade-marks”.Enacted provision · exact public law section
(b) Additional Clerical Amendments.— The text and title 15 USC 1051 note, 1053, 1054, 1091, 1124, 1126, 1127. of the Trademark Act of 1946 are amended by striking “trademarks” each place it appears and inserting “trademarks”.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Act Feb. 20, 1905, ch. 592, § 27, 33 Stat. 730.
Amendments1978–1999 · 3 rounds
1999
Pub. L. 106–43 substituted “trademarks” for “trade-marks”.
1998
Pub. L. 105–330, § 201(a)(11), substituted “name of any domestic” for “name of the any domestic”.
Pub. L. 105–330, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–330 effective , 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.
Executive Documents
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 , by Reorg. Plan No. 1 of 1965, eff. , 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. , 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
Credits
1946–1999 · 4 acts
- 1946July 5, 1946, ch. 540, title VII, § 42, 60 Stat. 440
- 1978Pub. L. 95–410, title II, § 211(b), , 92 Stat. 903
- 1998Pub. L. 105–330, title II, § 201(a)(11), (12), , 112 Stat. 3070
- 1999Pub. L. 106–43, § 6(b), , 113 Stat. 220.
Show as published
(July 5, 1946, ch. 540, title VII, § 42, 60 Stat. 440; Pub. L. 95–410, title II, § 211(b), , 92 Stat. 903; Pub. L. 105–330, title II, § 201(a)(11), (12), , 112 Stat. 3070; Pub. L. 106–43, § 6(b), , 113 Stat. 220.)