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19 CFR Part 133 · 5 questions

19 CFR 133.2 — Application to record trademark.

Past customs broker license exam questions whose answer rests on 19 CFR 133.2. Drawn from 5 released sittings, April 2022 through October 2023. Every question below is a real released question with the answer CBP credited, the authority it rests on, and an explanation of why that answer is right.

Reading the section itself is one tap away inside the simulator, next to the question, which is how the exam works: open book, against a clock.

April 2022, Q54. The new owner of a previously recorded trademark would like to continue the recordation with CBP. The trademark is for an item with a gray market counterpart the owner would like protection against based on physical and material differences. The following are all actions the owner must take to continue the recordation EXCEPT:

  1. APay a fee of $80.00 which covers all trademarks included in the application
  2. BState the basis for the asserted physical and material differences with particularity and competent evidence with summaries of the differences for publication in the Customs Bulletin
  3. CThe identity of any parent or subsidiary company or other foreign company under common ownership (only for those with aggregate ownership of more than 40% of the business entity) and common control which uses the trademark abroad
  4. DDescribe any time limit on the rights of ownership transferred
  5. ESubmit a status copy of the certificate of registration certified by the U.S. Patent and Trademark Office showing the title to be presently in the new owner’s name
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.2(d) 19 CFR 133.5(d) 19 CFR 133.2(e) 19 CFR 133.5(b) 19 CFR 133.5(c)

The correct answer is C because 19 CFR 133.2(d) defines "common ownership" as exceeding 50% of a business entity, not 40% as stated in option C, making this requirement inapplicable. Option B is required by 19 CFR 133.2(e), which mandates detailed descriptions and evidence of physical and material differences for lever-rule protection. Option E is required by 19 CFR 133.5(b), which necessitates a certified certificate of registration to confirm current ownership. Option D is required by 19 CFR 133.5(c), which mandates disclosing any time limits on transferred rights. Option A is not explicitly addressed in the cited authority, but the question assumes it is a valid requirement, leaving C as the only incorrect option.

April 2026, Q43. When evaluating an application for Lever-rule protection against gray market articles in accordance with 19 CFR 133.2(e), which of the following is NOT a physical and material difference that CBP may consider between articles authorized for importation or sale in the United States and those not so authorized?

  1. ADifferences resulting from legal or regulatory requirements, certification, etc.
  2. BDifferences in the formulation, product construction, structure, or composite product components, of both the authorized and gray market product.
  3. CThe retail price of the product authorized for sale in the United States and the retail price of the unauthorized gray market product.
  4. DPerformance and/or operational characteristics of both the authorized and gray product.
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.2(e)

The correct answer is C because 19 CFR 133.2(e) explicitly lists factors such as composition, formulation, performance, and legal requirements as considerations for physical and material differences, but does not mention retail price as a relevant factor. The other options (A, B, D) are directly referenced in the cited authority’s enumerated criteria (points 4, 2, and 3, respectively). Retail price differences are not tied to physical or material distinctions and thus fall outside the scope of Lever-rule protection as defined in the regulation.

October 2020 (AM), Q76. All of the below information is required to record one or more trademarks in writing EXCEPT:

  1. AThe name, complete business address, and citizenship of the trademark owner or owners
  2. BThe name and principal business address of each foreign person or business entity authorized or licensed to use the trademark and a statement of the authorized use
  3. CThe pace of manufacturer of goods bearing the recorded copyright
  4. DThe identity of any parent or subsidiary company with control using the trademark abroad
  5. EOther foreign company under common ownership or control that uses the trademark abroad
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.2 (a)(b)(c)(d)

The correct answer is C because the cited authority (19 CFR 133.2) does not require the "pace of manufacturer" or mention "copyright" in the context of trademark recording. The required information includes the places of manufacture (option B), details about foreign entities authorized to use the trademark (option B), and parent/subsidiary companies (options D and E). Option C introduces irrelevant terms not referenced in the regulation. The other options align with the specific requirements outlined in 19 CFR 133.2(a)(b)(c)(d).

October 2020 (PM), Q75. All of the information below is required to record one or more trademarks in writing EXCEPT:

  1. AThe name, complete business address, and citizenship of the trademark 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)
  2. BThe name and principal business address of each foreign person or business entity authorized or licensed to use the trademark and a statement as to the use authorized
  3. CThe place of manufacturer of goods bearing the recorded copyright
  4. DThe identity of any parent or subsidiary company with control using the trademark abroad
  5. EOther foreign company under common ownership or control that uses the trademark abroad
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.2(a)(b)(c)(d)

The correct answer is C because the regulation at 19 CFR 133.2(b) explicitly requires the "places of manufacture of goods bearing the recorded trademark," but option C incorrectly references "recorded copyright" instead of "recorded trademark," making it irrelevant to the trademark registration process. Options A, B, D, and E align with sections (a), (c), and (d) of 19 CFR 133.2, which mandate details about the trademark owner, foreign users, and affiliated entities. The error in option C’s terminology disqualifies it as a required element for trademark recording.

October 2023, Q74. In what publication does CBP publish a notice listing any trademarks and Lever-rule protection granted by CBP upon the approval of an application by a trademark-holder?

  1. AFederal Register (FR)
  2. BCode of Federal Regulations (CFR)
  3. CCargo Systems Messaging Service (CSMS)
  4. DCustoms Bulletin
Show the answer and explanation
Correct answer: D  · Authority: 19 CFR 133.2(f)

The correct answer is D because 19 CFR 133.2(f) explicitly states that CBP publishes notices of trademark and Lever-rule protection in the Customs Bulletin. The Federal Register (A) is used for proposed rules and notices of rulemaking, not for listing approved trademarks. The Code of Federal Regulations (B) is a codification of regulations, not a publication for notices. The Cargo Systems Messaging Service (C) is an electronic data interchange system, unrelated to trademark notices. The cited authority directly identifies the Customs Bulletin as the required publication.

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