Not Just Patents ® can help your business by helping you to acquire Trademarks and
Copyrights in the U.S. and abroad and help you monitor and enforce those rights.
See Steps to a Trademark for more information on acquiring Trademark rights.
Anti-Counterfeit enforcement &
Secure Rights Through Registration and Prosecute Counterfeiters and Pirates
Copyrighted works are protected against unauthorized reproductions or distribution
by criminal sanctions in the U.S. if the copyright owner takes action to protect
their work. A copyright owner has the duty to monitor commercial transactions involving
their work and inform federal law enforcement of pirates, pirated goods, counterfeit
trademarked labels, etc. (See 18 USC 2319 Criminal infringement of a copyright.)
Trademark owners can also protect their goods and services against counterfeiters
by monitoring commercial use of their federally registered marks or confusingly similar
marks and alerting federal law enforcement of counterfeiting. (See 18 USC 2318 Trafficking
in counterfeit labels, illicit labels, or counterfeit documentation or packaging
and 18 USC 2320 Trafficking in counterfeit goods or services.)
A trademark owner with a trademark on the Principal Register may also seek protection
through exclusion orders from the International Trade Commission (ITC) barring the
products at issue from entry into the United States, as well as a cease and desist
order directing the violating parties to cease certain actions under Section 337
of the Tariff Act of 1930 (19 U.S.C. 1337). Some trademark common law rights are
also protectable through the ITC.
“Section 337 specifically declares the infringement of the following statutory rights
to be unlawful import practices: a U.S. patent or a U.S. copyright registered under
Title 17, [ and] a registered trademark . . . In cases involving infringement of
these intellectual property rights, there is no injury requirement.” (Source: U.S.
International Trade Commission Answers to Frequency Asked Questions.)
Record Trademarks, Tradenames, & Copyrights with U.S. Customs & Border Protection
The most common goods that are seized in violation of U.S. Trademark, Trade Name
and Copyright Law are footwear, wearing apparel, consumer electronics (consumer electronics
includes cell phones and accessories, radios, power strips, electrical tools and
appliances), handbags/wallets/backpacks, pharmaceuticals, computers, hardware, media
(media includes motion pictures on tape, laser disc, and DVD; interactive and computer
software on CD-ROM; and music on CD or tape), sunglasses and headwear.
Many businesses and individuals protect their innovations and goods by recording
their rights with the Customs and Border Protection (CBP). For examples see: Examples:
U.S. Customs and Border Protection- Intellectual Property Rights. This chart contains
Copyrights, Trademarks and Tradenames of some of the over 23,000 recordations that
are currently being protected by the U.S. Customs and Border Protection (CBP). Examples
in this chart include software, hardware, jewelry, food, books, manuals, key chains,
vehicle accessories, electronics, clothing, web sites, toys, pharmaceuticals, and
Intellectual Property Owners of trademarks, copyrights and tradenames must take action--
Record Their Rights--to have their Intellectual Property Rights protected from threats
from abroad. Without recordation, the CBP cannot enforce the importation of counterfeit
and pirated goods.
“The trade in counterfeit and pirated goods threatens America’s innovation economy,
the competitiveness of our businesses, the livelihoods of U.S. workers, and, in some
cases, national security and the health and safety of consumers. The trade in these
illegitimate goods is associated with smuggling and other criminal activities, and
often funds criminal enterprises.”
Goods or services with trademarks that have been registered on the USPTO Trademark
Principal Register or Copyrights registered through the Library of Commerce can be
protected through U.S. Customs and Border Protection (CBP). There is a fee per classification
and protection lasts for the life of the trademark or copyright (can be indefinitely).
Unregistered trade names (or trade styles) that are being used by manufacturers or
traders (6 month minimum use) may also be recorded with CBP to afford the business
with increased intellectual property protection.
Protection by the U.S. Customs and Border Protection (CBP) is in the form of seizures
of fake goods or gray-market goods, denial of entry of goods into the U.S. and civil
fines “on any person who directs, assists financially or otherwise, or aids and abets
the importation of merchandise for sale or public distribution that bears a counterfeit
mark resulting in a seizure of the merchandise under 19 U.S.C. 1526(e).”
Not Just Patents ® Legal Services provide a broad range of services for Intellectual
Property Protection. Call us with questions at (651) 500-7590. Don’t assume that
protecting your legal rights is too expensive if you haven’t even called to see what
it would cost. In today’s economy (and for the future), Intellectual Property may
be one of the best ways to invest in your business.
Call: 1-651-500-7590 or email: email@example.com. This site is for informational
purposes only and is provided without warranties, express or implied, regarding the
information's accuracy, timeliness, or completeness and does not constitute legal
advice. No attorney/client relationship exists without a written contract between
Not Just Patents LLC and its client. Past performance is no guarantee of future results.
Call 1-651-500-7590 or email firstname.lastname@example.org or ContactTrademark.com for
Responses to Office Actions; File or Defend an Opposition or Cancellation; Patent
or Trademark Searches and Applications; Send or Respond to Cease and Desist Letters.
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