Title 19 CFR · 47 questions in the bank
19 CFR Part 133 — Trademarks, Trade Names, and Copyrights
Every released customs broker license exam question in the CBLEsim bank that tests 19 CFR Part 133. Drawn from 11 released sittings, April 2018 through October 2024.
Sections of this part with their own question sets
- 19 CFR 133.21 — 15 questions
- 19 CFR 133.27 — 8 questions
- 19 CFR 133.3 — 5 questions
- 19 CFR 133.2 — 5 questions
Other questions from Part 133
April 2018, Q56. While examining your client’s shipment of 1,000 handbags at the container examination station, CBP discovered that the goods bear a mark suspected of infringing a trademark associated with a well-known designer. The designer’s mark is registered on the Principal Register of the U.S. Patent and Trademark Office and recorded with CBP. The suspect mark is not identical with or substantially indistinguishable from the registered and recorded mark; rather, CBP determines that it copies or simulates the registered and recorded mark and, consequently, detains the handbags. Which of the following options is available to the importer to obtain relief from detention within 30 days?
- AThe importer may remove or obliterate the suspect marks from the handbags in such a manner that they are incapable of being reconstituted
- BThe importer may label the merchandise with the following statement: “This product is not a product authorized by the United States trademark owner for importation and is physically and materially different from the authorized product”
- CThe importer may file a petition under 19 CFR pt. 171, persuasively arguing that the suspect marks do not actually so resemble the recorded mark as to be likely to confuse the public
- DThe importer may claim the personal use exemption under 19 CFR 148.55
- ENone of the above
Show the answer and explanation
The correct answer is A because 19 CFR 133.22(c)(1) explicitly permits relief by removing or obliterating the suspect mark in a manner that renders it illegible and incapable of reconstitution, such as grinding off imprinted trademarks. Option B is invalid because the regulation does not authorize a disclaiming label to resolve trademark issues. Option C is incorrect because 19 CFR 171 pertains to petitions for relief from seizure, not trademark detention under 19 CFR 133.22. Option D is inapplicable because the personal use exemption under 19 CFR 148.55 applies only to articles bearing a recorded trademark, not to simulated marks. Option E is incorrect because A is a valid remedy.
April 2019, Q12. Gray market articles, bearing a trademark registered with the U.S. Patent and Trademark Office and recorded with CBP, whose importation is restricted by CBP pursuant to regulation on the basis of physical and material differences:
- ACan never be imported.
- BCan only be imported with the consent of the U.S. trademark owner.
- CCan be imported, after detention, if information appearing on the merchandise or its retail packaging, including, but not limited to, serial numbers, dates of manufacture, lot codes, batch numbers, and universal product codes, is disclosed to the U.S. trademark owner within five days of the date of importation.
- DCan be imported notwithstanding an y physical and material differences, if it bears a conspicuous and legible label designed to remain on the imported articles in order to indicate that they are physically and materially different from the product authorized for sale in the U.S.
- EAll of the above.
Show the answer and explanation
The correct answer is D because 19 CFR 133.23(b) explicitly permits the importation of physically and materially different goods if they bear a conspicuous and legible label stating they are not authorized by the U.S. trademark owner. This rule directly addresses the scenario described in option D. Option A is incorrect because the regulation allows importation under specific conditions, not an absolute prohibition. Option B is incorrect because the regulation does not require the consent of the U.S. trademark owner; it focuses on labeling requirements. Option C is incorrect because the regulation does not mention a five-day disclosure period or serial number requirements. Option E is incorrect because only D aligns with the cited authority.
April 2019, Q15. Which statement is FALSE?
- AMerchandise bearing a trademark that has been accorded Lever-rule protection under 19 C.F.R. part 133, may be imported into the United States if it bears a conspicuous and legible label designed to remain on the merchandise or its packaging stating that “the product is not a product authorized by the United States trademark owner for importation and is physically and materially different from the authorized product.”
- BProtection for a recorded trade name shall remain in force as long as the trade name is used.
- CIf there is a change in the name of the owner of a recorded trademark, but no change in ownership, written notice thereof shall be given to the IPR & Restricted Merchandise Branch, CBP Headquarters, accompanied by a fee of $190.00.
- DA “copying or simulating” trademark or trade name is one which may so resemble a recorded mark or name as to be likely to cause the public to associate the copying or simulating mark or name with the recorded mark or name.
- EThe importation of infringing copies or phonorecords of works copyrighted in the U.S. is prohibited by Customs. The importation of lawfully made copies is not a Customs violation.
Show the answer and explanation
The correct answer is C because 19 CFR 133.6(b) specifies the fee is 80, not 190, for a name change of a recorded trademark owner with no change in ownership. Option C incorrectly states the fee amount, making it false. Other options align with the HTSUS text: A references 19 CFR 133.1’s label requirement for Lever-rule protection; B matches 19 CFR 133.3’s duration of trade name protection; D corresponds to 19 CFR 133.1’s definition of “copying or simulating”; and E is consistent with 19 U.S.C. 1304’s prohibition on infringing imports.
April 2019, Q31. A shipment was mistakenly released to the consignee by CBP. A redelivery notice is issued by the Entry Branch for return of the good because it is prohibited. The importer has 30 days from the date of that redelivery notice to return the merchandise for exportation and/or destruction. If the importer fails to return the produce within the allotted timeframe, the importer will be in violation of which section of law listed below?
- A19 CFR 10.39(d)(1)
- B19 CFR 18.8
- C19 CFR 134.51
- D19 CFR 133.46
- E19 CFR 142.15
Show the answer and explanation
The correct answer is D) 19 CFR 133.46, as it explicitly addresses the requirement to redeliver prohibited articles and the consequences of failing to do so, including the imposition of liquidated damages. The other options do not pertain to the legal repercussions of non-redelivery after a prohibited importation. For example, 19 CFR 134.51 (option C) deals with the importation of prohibited articles but does not specify the procedural or penal consequences for non-compliance with redelivery. The authority text confirms that 133.46 governs the redelivery process and the liability for non-redelivery.
April 2026, Q44. Which of the following imported articles are subject to seizure pursuant to the Digital Millenium Copyright Act (17 USC 1201)? Assume all trademarks and copyrights referenced in the answers are recorded with CBP.
- AAuthentic DVDs for copyrighted Marvel movies that the importer manifested as blank CDs.
- BA memory card primarily designed to circumvent the copyright protection measures on the Nintendo Switch and enable the user to copy Nintendo’s copyrighted videogames for redistribution.
- CA computer with a logo confusingly similar to a Dell trademark.
- DAn arcade machine with videogames substantially similar to Star Wars copyrights, and Disney has stated that the use of its copyrights is unauthorized.
Show the answer and explanation
The correct answer is B because 19 CFR 133.47(a)(2) explicitly defines articles violating the DMCA as those "primarily designed or produced for the purpose of circumventing a copyright protection measure," which matches the memory card’s function. Option A involves misdeclaration of goods, not circumvention, and would be handled under general customs rules, not DMCA. Option C concerns trademark infringement, which is unrelated to the DMCA’s focus on copyright protection measures. Option D involves unauthorized use of copyrighted works, but the DMCA’s seizure provisions target tools for circumvention, not the unauthorized works themselves.
May 2024, Q48. Relief from detention of articles bearing copying or simulating trademarks can be accomplished by all of the following, EXCEPT:
- ARemoving or obliterating the objectionable mark as a condition to entry in such a manner as to be illegible and incapable of being reconstituted.
- BClaiming, and CBP allowing, the one-time personal use exemption under 19 CFR § 148.55 for importing articles of foreign manufacture bearing a recorded trademark.
- CProving to CBP’s satisfaction that the merchandise was imported by the recordant of the trademark or trade name or his designate.
- DAffixing a conspicuous and legible label in close proximity to the trademark stating that: “This product is not a product authorized by the United States trademark owner for importation and is physically and materially different from the authorized product."
Show the answer and explanation
The correct answer is D because 19 CFR 133.23(d)(3) permits a label only if the goods are physically and materially different from authorized products, but the label in option D incorrectly states the product is "not authorized by the U.S. trademark owner" rather than focusing on physical differences. This misalignment disqualifies option D as a valid relief method. Options A, B, and C are explicitly permitted under 19 CFR 133.23(d)(1), (d)(2), and 19 CFR 148.55, respectively, which address removal of marks, one-time exemptions, and proof of authorized importation.
October 2018, Q72. How many days can CBP detain merchandise bearing a counterfeit version of a trademark prior to determination as whether or not it shall be seized?
- A5 days from the date on which the merchandise is presented for Customs examination
- B15 days from the date of entry
- C30 days from the date on which the merchandise is presented for Customs examination
- D60 days from the date on which the merchandise is presented for Customs examination
- E90 days from the date of entry
Show the answer and explanation
The correct answer is C because 19 CFR 133.25(a) explicitly states that merchandise subject to restrictions under §§ 133.22 and 133.23 is detained for 30 days from the date it is presented for CBP examination. This period allows the importer to establish exceptions under §§ 133.22(c) or 133.23(d), and extensions may be granted for good cause. Option A (5 days) refers to the timeline for notifying the importer of the detention decision, not the detention period itself. Options B and E (15 or 90 days from entry) are irrelevant because the regulation ties the detention period to the date of presentation for examination, not entry. Option D (60 days) is not mentioned in the cited authority.
October 2019, Q70. An application to record a trade name shall be in writing addressed to the IPR & Restricted Merchandise Branch, 1300 Pennsylvania Avenue, NW., Washington, DC 20229, and shall include the following information EXCEPT:
- AThe name, complete business address, and citizenship of the trade name owner or owners (if a partnership, the citizenship of each partner; if an association or corporation, the State, country, or other political jurisdiction within which it was organized, incorporated or created)
- BThe name or trade style to be recorded
- CThe name and principal business address of each foreign person or business entity authorized or licensed to use the trade name and a statement as to the use authorized
- DThe identity of any parent or subsidiary company, or other foreign company under common ownership or control which uses the trade name abroad
- EA description of the merchandise with which the copyright is associated
Show the answer and explanation
The correct answer is E because 19 CFR 133.12(e) requires a description of the merchandise associated with the trade name, not a copyright. The question’s option E incorrectly references "copyright," which is unrelated to trade name registration under this regulation. Options A–D are explicitly required by 133.12(a)–(d), respectively, while E is not mentioned in the cited text and thus is the exception.
October 2020 (PM), Q73. Protection of a recorded trade name shall remain in force for?
- A6 months
- B1 year
- C10 years
- D20 years
- EAs long as the trade name is used
Show the answer and explanation
The correct answer is E because 19 CFR 34 (b) & (c) explicitly state that protection of a recorded trade name remains in force indefinitely as long as the trade name is actively used in commerce. Options A, B, C, and D are incorrect because they impose fixed time limits not mentioned in the cited authority, which instead emphasizes continued use as the condition for protection. The regulation does not specify a duration beyond the requirement of ongoing use.
October 2021, Q53. If a violation of the trademark or copyright laws is not discovered until after entry and deposit of estimated duty, the entry shall be endorsed with an appropriate notation and the duty refunded as an erroneous collection upon destruction of the prohibited articles in accordance with ________.
- A19 CFR 10.581
- B19 CFR 24.3
- C19 CFR 158.41
- D19 CFR 174.2
- E19 CFR 191.176
Show the answer and explanation
The correct answer is C) 19 CFR 158.41, as 19 CFR 133.53 explicitly states that duty must be refunded upon destruction or exportation in accordance with §158.41 or §158.45. Other options are not referenced in the cited text; for example, 19 CFR 10.581 pertains to protests, 19 CFR 24.3 relates to marking requirements, 19 CFR 174.2 addresses entry summary corrections, and 19 CFR 191.176 concerns prohibited articles, none of which are tied to the refund process outlined in 19 CFR 133.53.
October 2021, Q54. Relief from a forfeiture may be granted pursuant to a petition for relief provided that certain conditions are met. Which of the circumstances below allows relief from forfeiture due to seizure of merchandise bearing a counterfeit mark?
- AAll offending trademarks or trade names are removed or obliterated after the release of the articles.
- BThe unlawfully imported or prohibited articles are exported under Customs supervision and at no expense to the Government.
- CPetitioner provides proof of authorization from the rights holder to import the articles bearing a counterfeit mark within 30 days from the notification of the seizure.
- DIn the case of books or periodicals manufactured abroad contrary to the terms of the “American manufacturing clause” of the Copyright Act of 1976 (17 USC 602, 603) (i) Satisfactory evidence is submitted that a statement of abandonment has been filed and recorded in the Copyright Office by the copyright owner in accordance with the procedures of the Copyright Office; and (ii) The notice of copyright is completely obliterated prior to release of the books or periodicals.
- EThe unlawfully imported or prohibited articles are destroyed under Customs supervision and at no expense to the Government.
Show the answer and explanation
The correct answer is C because 19 CFR 133.51(a) explicitly permits relief from forfeiture for violations of trademark or copyright laws, including counterfeit marks, if the petitioner provides proof of authorization from the rights holder within 30 days of seizure notification. Options A, B, D, and E reference conditions in 19 CFR 133.21(g), which apply to forfeitures under different statutory regimes (e.g., export/destroy, obliteration of marks, copyright abandonment) but explicitly exclude articles bearing counterfeit trademarks, as noted in 133.21(g)(b). Thus, these options are not applicable to counterfeit mark cases.
October 2022, Q57. What is the period of detention for merchandise suspected of bearing a counterfeit version of a registered trademark after which the merchandise will be seized, and forfeiture proceedings instituted?
- AForty-eight (48) hours after the date of detention.
- BWithin the five-day (5-day) period (excluding weekends and holidays) following the date on which the merchandise is presented for Customs examination.
- CThirty (30) days from the date on which the merchandise is presented for Customs examination.
- DThirty (30) days from the date of entry.
- ESixty (60) days from on the date on which the merchandise is presented for Customs examination.
Show the answer and explanation
The correct answer is C because 19 CFR 133.24(a) explicitly states that merchandise suspected of bearing counterfeit trademarks is detained for 30 days from the date of notice that restrictions apply, after which seizure and forfeiture proceedings are instituted if no exemption is established. Options A and B are incorrect because they refer to shorter periods not mentioned in the cited text. Option D is incorrect because the regulation specifies the date of notice, not the date of entry. Option E is incorrect because 60 days is not referenced in the cited authority.
October 2023, Q73. Which of the following is the appropriate method to obtain the release of merchandise seized for a violation of 19 USC 1595a(c)(2)(C), as implemented by 19 CFR 133.22?
- AFiling a petition pursuant to 19 CFR Part 171
- BFiling a petition pursuant to 19 CFR Part 172
- CFiling a protest pursuant to 19 CFR Part 174
- DFiling a ruling request pursuant to 19 CFR Part 177
Show the answer and explanation
The correct answer is A because 19 CFR 133.22(f) explicitly states that an importer whose merchandise is seized under this section has the right to "petition for relief" in accordance with 19 CFR Part 171, which governs petitions for relief from seizures. The other options are incorrect: 19 CFR Part 172 and 174 pertain to protests (used for disputes over entries, duties, or classifications), not petitions for seizure relief; 19 CFR Part 177 addresses rulings, which are pre-entry determinations, not post-seizure remedies. The cited authority directly links the remedy to Part 171.
October 2024, Q43. If CBP has detained articles for bearing copying or simulating marks, all the following would enable the importer to obtain release of the articles EXCEPT:
- AIf this detention is the importer’s first offense, the importer can pay a fine equal to the value the articles would have had if they were genuine.
- BThe recordant gives written consent to the importation and such consent is furnished to appropriate Customs officials.
- CThe objectionable mark is removed or obliterated as a condition to entry in such a manner as to be illegible and incapable of being reconstituted.
- DThe articles of foreign manufacture bear a recorded trademark and the one-item personal exemption is claimed and allowed.
Show the answer and explanation
The correct answer is A because 19 CFR 133.22(c)(3) and (c)(4) explicitly list relief options such as written consent from the recordant, removal of the mark, or claiming the one-item personal exemption, but do not mention paying a fine as a method to obtain release. The other options (B, C, D) directly correspond to the relief methods outlined in the cited regulations. Option A introduces a penalty-based solution, which is not authorized under the provisions of 19 CFR 133.22.
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