Topics / Trademarks, trade names, and copyrights

How long may CBP detain merchandise suspected of bearing a counterfeit mark?

  1. Up to 5 business days
  2. Up to 90 calendar days
  3. Until the USPTO cancels the registration
  4. Up to 30 days from the date the merchandise is presented for examination
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D. Up to 30 days from the date the merchandise is presented for examination

CBP may detain articles suspected of bearing a counterfeit version of a mark that is registered with the USPTO and recorded with CBP. Detention lasts up to 30 days from presentation for examination. If the article is not released, it is deemed excluded for purposes of 19 U.S.C. 1514(a)(4).

Source: 19 CFR 133.21

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