Rolex U.S. trademark restrictions vs. U.S. customs rules for returning expats?

[tyler1980]

Long time lurker, but I recently decided to finally register and contribute. In this case however, I have a question.

I have read a lot of posts here on Rolex’s trademark restrictions and how it pertains to “importing” more than one Rolex watch into the US and that multiple Rolexes can be seized by customs as a trademark violation. Although this topic on trademark restrictions has been discussed a few times here I have not found a discussion on how this relates to U.S. expats when they decide to move back home.

My question does not concern getting around this rule but more about how to reconcile Rolex’s trademark protection rules on importing with U.S. customs rules for returning expats which says that all personal effects and household goods may be imported when you return to the U.S. from living abroad duty free provided you have owned them more than one year. If items are newer than 1 year old a duty rate may apply. U.S. customs defines personal effects as “items that belong to and are used by one person, such as wearing apparel, jewelry, photographic equipment, and tape recorders.” This clearly includes a watch collection, as a watch is considered jewelry.

So my question, if anyone actually knows the answer, is which rule/regulation supersedes the other as they are clearly contradicting rules. On one hand, according to U.S. customs rules I am entitled to bring all my Rolex watches purchased abroad (regardless of how many I own) back home with me when I return to the US and can even do it duty free as they are part of my personal and household effects, but on the other hand Rolex’s trademark protection says I can only bring 1. So which is it?

I really don’t want to have to make multiple trips back into the U.S. bringing 1 Rolex at a time in order to get my collection back into the U.S. when I repatriate, but I guess if I have to I will. Does anyone have any experience with this situation?