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Source-reviewed study unitAbout 11 minutes

Choose the correct border-enforcement path for intellectual property

Ability objective

Distinguish counterfeit marks, confusingly similar marks, restricted gray-market goods, and piratical copies before selecting the consequence.

Answer first

Core rule

Answer first: identify the protected right and CBP recordation, then classify the imported conduct under the correct Part 133 subpart. A counterfeit mark under §133.21 is a spurious mark identical with or substantially indistinguishable from a mark on the USPTO Principal Register; once CBP determines that imported merchandise bears the counterfeit recorded mark, seizure and, absent the right owner's written consent, forfeiture follow. Genuine-mark gray-market goods are a different §133.23 analysis with ownership, material-difference, labeling, and exception rules; copyrights follow separate provisions. October 2026 exam answers use the 2025 Annual CFR, while current recordation and enforcement status require a live IPRS check. CBLE Ace currently has no dedicated verified PGA question pool for this topic; route practice to the general practice page and keep verification status pool-insufficient.

Authority and lookup route

Locate the rule before returning to the facts. Links point to government or official publications.

19 CFR 133.21, 133.23, and 133.42

Part 133 → counterfeit marks → gray-market restrictions → piratical copyright copies

October 28, 2026 CBLE: Title 19 CFR, 2025 Annual Edition. Check the current eCFR separately for live-law work.

Read on CBLE Ace →
Government original ↗
19 U.S.C. 1526(a), (e)–(f)

§1526(a) → registration-and-recordation prerequisite; (e)–(f) → counterfeit seizure, forfeiture, and civil fines

Official U.S. Code source reviewed August 18, 2026. The CBLE answer remains controlled by its designated reference editions where applicable.

CBP Intellectual Property Rights e-Recordation

IPRR submission and IPRS public record → verify the right and current CBP recordation

Current operational guidance reviewed August 18, 2026. Host: U.S. Customs and Border Protection (cbp.gov). It is not automatically an October 2026 exam authority unless CBP designates or incorporates it.

CBP October 28, 2026 CBLE Reference Materials Notice

Preparing for the CBLE → Reference Materials → designated HTS, CFR, and CBP policy documents

Official CBP exam notice verified August 18, 2026.

Reference lookup task

For one suspected IPR shipment, record the right type, registration and CBP recordation, whether the mark is spurious or genuine, the matching Part 133 section, and the resulting action.

Route: Compare §133.21 with §133.23 before opening the copyright provisions; verify current recordation separately in IPRS.

Worked example

Imported handbags bear a spurious mark substantially indistinguishable from a Principal-Register trademark recorded with CBP. The importer has no authorization, and the recordation owner gives no written consent.

  1. 1Confirm the trademark registration and current CBP recordation.
  2. 2Classify the spurious, substantially indistinguishable mark under §133.21 rather than the genuine-mark gray-market rule.
  3. 3Apply CBP's counterfeit determination to the imported merchandise.
  4. 4Because no written consent exists, follow the seizure and forfeiture path rather than a §133.23 labeling cure.

Conclusion: Analyze the handbags as counterfeit-mark merchandise under §133.21; the stated facts support seizure and forfeiture, not gray-market treatment.

Common traps

  • Treating counterfeit marks and genuine-mark gray-market goods as the same violation.
  • Assuming the Lever-rule label can cure a counterfeit mark.
  • Skipping registration and CBP-recordation verification before selecting a Part 133 path.
  • Awarding verified mastery without a dedicated supported IPR question pool.