C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 133—TRADEMARKS, TRADE NAMES, AND COPYRIGHTS › Subpart A—Recordation of Trademarks

19 C.F.R. § 133.2

Application to record trademark

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An application to record one or more trademarks shall be in writing, addressed to the Intellectual Property Rights (IPR) & Restricted Merchandise Branch, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Washington, DC 20229, and shall include the following information:

(a) The 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);

(b) The places of manufacture of goods bearing the recorded trademark;

(c) The 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; and

(d) The identity of any parent or subsidiary company or other foreign company under common ownership or control which uses the trademark abroad. For this purpose:

(1) Common ownership means individual or aggregate ownership of more than 50 percent of the business entity; and

(2) Common control means effective control in policy and operations and is not necessarily synonymous with common ownership.

(e) Lever-rule protection. For owners of U.S. trademarks who desire protection against gray market articles on the basis of physical and material differences (see Lever Bros. Co. v. United States, 981 F.2d 1330 (D.C. Cir. 1993)), a description of any physical and material difference between the specific articles authorized for importation or sale in the United States and those not so authorized. In each instance, owners who assert that physical and material differences exist must state the basis for such a claim with particularity, and must support such assertions by competent evidence and provide summaries of physical and material differences for publication. CBP determination of physical and material differences may include, but is not limited to, considerations of:

(1) The specific composition of both the authorized and gray market product(s) (including chemical composition);

(2) Formulation, product construction, structure, or composite product components, of both the authorized and gray market product;

(3) Performance and/or operational characteristics of both the authorized and gray market product;

(4) Differences resulting from legal or regulatory requirements, certification, etc.;

(5) Other distinguishing and explicitly defined factors that would likely result in consumer deception or confusion as proscribed under applicable law.

(f) CBP will publish in the Customs Bulletin a notice listing any trademark(s) and the specific products for which gray market protection for physically and materially different products has been requested. CBP will examine the request(s) before issuing a determination whether gray market protection is granted. For parties requesting protection, the application for trademark protection will not take effect until CBP has made and issued this determination. If protection is granted, CBP will publish in the Customs Bulletin a notice that a trademark will receive Lever-rule protection with regard to a specific product.

[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991; T.D. 99-21, 64 FR 9062, Feb. 24, 1999; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1982–2025 · leading case: Original Appalachian Artworks, Inc. v. Granada Elec., Inc., 816 F.2d 68 (2d Cir. 1987).
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Original Appalachian Artworks, Inc. v. Granada Elec., Inc., 816 F.2d 68 (2d Cir. 1987). · cites it 2× “” 19 C.F.R. § 133.2 (c) (1986). Jesmar was listed on the application for recordation by OAA and pursuant thereto the Customs Service sent its agents a letter authorizing Cabbage Patch Kids dolls made by Jesmar to pass through Customs.”
Vivitar Corp. v. The United States, & 47th Street Photo, Inc., Intervenor, 761 F.2d 1552 (Fed. Cir. 1985). “19 C.F.R. §§ 133.2 (d) and 133.12(d). . 19 C.”
Vittoria North Am., LLC v. Euro-Asia Imports Inc., 278 F.3d 1076 (10th Cir. 2001). · cites it 2× “Rather, EAI argues that the evidence is sufficient to show common control of the two companies or control of VNA by Vitto-ria Italy. For the purpose of applying § 133.”
Milecrest Corp. v. United States, 2017 CIT 125 (Ct. Intl. Trade 2017). · cites it 4× “See 19 C.F.R. § 133.2 (f) (providing that Lever-Rule restrictions take effect once Customs has made and issued a determination on the application for Lever-Rule protection).”
Bell & Howell : Mamiya Co. v. Masel Supply Co., 548 F. Supp. 1063 (E.D.N.Y 1982). “” 19 C.F.R. §§ 133.2 (d), 133.12(d) (1981) (emphasis added).”
Lever Bros. Co. v. United States of Am., 877 F.2d 101 (D.C. Cir. 1989). “Thus there appears to be no dispute over the application of 19 C.F.R. § 133.21 (c)(2) (1988), quoted at 104 below, especially in light of 19 C.”
Original Appalachian Artworks, Inc. v. Granada Elec., Inc., 640 F. Supp. 928 (S.D.N.Y. 1986). · cites it 2× “As directed by the regulations of the United States Customs Service, 19 C.F.R. §§ 133.2 (c), 133.21-.24 (1985), OAA’s application for recordation with Customs included, inter alia, “[t]he name and principal business address of each foreign person or business entity authorized or…”
Disenos Artisticos E Industriales, S.A. v. Work, 676 F. Supp. 1254 (E.D.N.Y 1987). “§ 1124 ; 19 C.F.R. § 133.2 . Plaintiff alleges that it has complied with the filing requirements of 19 U.”
XYZ Corp. v. United States, 2017 CIT 88 (Ct. Intl. Trade 2017). · cites it 2× “See 19 C.F.R. §§ 133.2 (e) (providing trademark owners with the ability to apply for Lever-Rule protection), 133.”
United States v. Eighty-Three Rolex Watches v. Sam's Wholesale Club & Wal-Mart Stores, Inc., Claimants-Appellants, 992 F.2d 508 (5th Cir. 1993). “” 19 C.F.R. § 133.2 (d)(1) and (2). *510 B.”
Pillsbury Co. v. United States, 368 F. Supp. 2d 1319 (Ct. Intl. Trade 2005). “§ 132.2 (c) states that the “terms of a Presidential proclamation, Executive order, or legislative enactment establishing a quota, and the regulations implementing the quota, must be strictly complied with.”
Chen v. United States, 2025 CIT 117 (Ct. Intl. Trade 2025). “The answer to the question is reflected in 19 C.F.R. § 133.2 (e), governing protection from gray market goods, and in 19 C.”
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