Tag: US Customs Service

The International Trade Commission

The International Trade Commission (ITC) is an organization that protects trademark owners from unfair competition abroad. The goal of the commission is to prevent such goods from being imported into and ultimately sold in the United States. ITC provides valuable assistance to the owners of registered marks, but it is possible to seek remedy even if your trademark is not yet registered. ITC remedies do not include monetary relief. The ITC process, including investigations, is usually expedited and can move to trial quickly. The ITC has the authority to issue both temporary and permanent orders of exclusion to prevent infringing goods to be imported, and thus shielding the public from being confused. If the outcome of the ITC proceeding is not what is desired, it is unlikely to have this changed by filing an action again in a district court. It is possible to push for criminal penalties for counterfeiters. The ITC is an organization available to help trademark owners and applicants protect their rights.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Dealing with Infringement from Overseas

It is possible that infringement of your trademark rights comes in the form of importation of goods from abroad. To assist with preventing this sort of infringement it may be a good idea to register your trademark with the US Customs Service. By recording your trademark with customs you can seek to bar good from being imported which would have a mark that constitute infringement. Recordation can be done online. After this is done you can take proactive steps to assist with enforcement such as providing Customs and port personnel with information regarding suspected infringement and details about your trademark. You can also obtain Custom information and even publicize enforcement and seizures related to your trademark. If the goods are counterfeit, then Customs will either seize or destroy the goods. If it is not necessarily counterfeit, but infringement then Customs may send back goods to where they came from or allow entry if the infringing mark is removed. Customs will help protect you from infringement, but being proactive and knowing your rights will strengthen this protection.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.