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Understanding Barring Importation of Goods (Trademark) and Its Implications
Definition & Meaning
Barring importation of goods refers to the legal actions trademark owners can take to prevent the entry of counterfeit, gray-market, or confusingly similar goods into the United States. This process allows trademark owners, or users of a trade name, to record their trademarks with U.S. Customs, enabling the agency to stop the importation of these goods. Additionally, trademark owners may petition the International Trade Commission (ITC) for exclusion orders that can temporarily or permanently bar the importation of infringing products.
Table of content
Legal Use & context
This term is primarily used in trademark law, which falls under civil law. Trademark owners can utilize this process to protect their intellectual property rights and maintain brand integrity. Users can manage this process by utilizing legal templates from US Legal Forms to record their trademarks or file petitions with the ITC, simplifying the legal procedures involved.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company that owns a registered trademark for a popular shoe brand discovers that a foreign manufacturer is importing shoes that bear a confusingly similar logo. The company records its trademark with U.S. Customs and successfully bars the importation of these shoes.
Example 2: A small business notices that a competitor is selling counterfeit versions of its products online. The business files a petition with the ITC to obtain an exclusion order, preventing the competitor from importing these goods into the U.S. (hypothetical example).
Relevant laws & statutes
Key statutes relevant to barring importation of goods include:
The Lanham Act (15 U.S.C. § 1051 et seq.), which governs trademark registration and protection.
The Tariff Act of 1930, which includes provisions for barring the importation of goods that infringe on U.S. trademarks.
Comparison with related terms
Term
Definition
Difference
Trademark Infringement
The unauthorized use of a trademark that causes confusion.
Barring importation specifically prevents goods from entering the U.S., while infringement addresses unauthorized use.
Exclusion Order
A ruling by the ITC that prohibits the importation of specific goods.
Exclusion orders are a method of barring importation but are issued by the ITC rather than U.S. Customs.
Common misunderstandings
What to do if this term applies to you
If you believe your trademark is being infringed upon through the importation of goods, consider the following steps:
Record your trademark with U.S. Customs to facilitate barring importation.
Gather evidence of the counterfeit or confusingly similar goods.
Consult legal resources or templates from US Legal Forms to assist with the petition process.
If the situation is complex, seek professional legal advice to ensure your rights are protected.
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