[Federal Register: March 16, 1999 (Volume 64, Number 50)]
[Notices]
[Page 13004-13005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr99-38]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. 981214305-9052-02]
RIN 0651-AB02
Official Insignia of Native American Tribes; Statutorily Required
Study
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Notice of inquiry; request for comments.
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SUMMARY: This notice requests comments on the specific areas of inquiry
included in Public Law 105-330, which requires that the Patent and
Trademark Office (PTO) study a variety of issues surrounding trademark
protection for the official insignia of federally and/or State
recognized Native American Tribes.
DATES: To ensure consideration, comments must be received no later than
April 30, 1999.
ADDRESSES: Comments must be submitted to: Eleanor K. Meltzer, Attorney-
Advisor, Office of Legislative and International Affairs, U.S. Patent
and Trademark Office, 2121 Crystal Drive, Suite 902, Arlington, VA
22202. Comments may also be submitted by e-mail to:
NAFedRegNotice@uspto.gov.
FOR FURTHER INFORMATION CONTACT: Eleanor K. Meltzer; Telephone: 703-
306-2960; E-mail: eleanor.meltzer@uspto.gov; facsimile transmission:
703-305-8885. Public Law 105-330 may be viewed via the Library of
Congress website at: www.thomas.loc.gov.
SUPPLEMENTARY INFORMATION: On October 30, 1998, President Clinton
signed Public Law 105-330. Title III of this law requires the PTO to
study how such official insignia of Native American Tribes may better
be protected under trademark law. The new law requires that the
Commissioner complete the study and submit a report to the chairman of
the Committee on the Judiciary of the Senate and to the chairman of the
Committee on the Judiciary of the House of Representatives not later
than September 30, 1999. The final study must address a variety of
issues, including the impact of any changes on the international legal
obligations of the United States, the definition of ``official
insignia'' of a federally and/or State recognized Native American
Tribe, and the administrative feasibility, including the cost, of
changing current law or policy in light of any recommendations.
On December 29, 1998, a Federal Register notice was published (63
FR
[[Page 13005]]
71619-71620) requesting comments on how best to conduct the study,
where public hearings should be held, and who should be consulted
during the study process. The present Federal Register notice is a
follow-up to the December 29, 1998 notice.
Request for Public Comment
The PTO is interested in the public's views concerning all aspects
of trademark protection for the official insignia of Native American
Tribes, including the following.
(1) The Definition of ``Official Insignia''
For example, how should the PTO define ``official insignia'' of a
federally or state recognized Native American Tribe?
(2) Establishing and Maintaining a List of Official Insignia
For example, how might the PTO establish a list of the official
insignia of federally and/or state recognized Native American Tribes?
How might the PTO maintain such a list?
(3) Impact of Changes In Current Law or Policy
For example, how might any change in law or policy with respect to
prohibiting the Federal registration of trademarks identical to the
official insignia of Native American Tribes, or of prohibiting any new
use of the official insignia of Native American Tribes, affect Native
American Tribes? How might such changes affect trademark owners? How
might such changes affect the Patent and Trademark Office? How would
such changes affect any other interested party? What impact might any
such changes have on the international legal obligations of the United
States?
(4) Impact of Prohibition on Federal Registration and New Uses of
Official Insignia
For example, how might prohibiting Federal registration of
trademarks identical to the official insignia of Native American Tribes
affect any/all of the above-mentioned entities? How might prohibiting
any new use of the official insignia of Native American Tribes affect
any/all of the above-mentioned entities? What effect might such
prohibitions have on the international legal obligations of the United
States? What defenses, including fair use, might be raised against any
claims of infringement?
(5) Administrative Feasibility
For example, what might be the administrative feasibility,
including the cost, of changing the current law or policy to prohibit
the registration? What might be the administrative feasibility,
including the cost, of prohibiting any new uses of the official
insignia of State or federally recognized Native American Tribes? What
might be the administrative feasibility, including the cost, of
otherwise providing additional protection to the official insignia of
federally and State recognized Native American Tribes?
(6) Timing of Changes in Protection
For example, should changes in the scope of protection for official
tribal insignia be offered prospectively? Retrospectively? What might
be the impact of such protection (e.g., the cost to business and the
public if applied retroactively)?
(7) Statutory Changes
What statutory changes might be necessary in order to provide such
protection?
(8) Other Relevant Factors
What other factors, not mentioned above, might be relevant to this
issue?
Persons interested in commenting on the issues outlined above, or
any other topics related to the statutory study, should submit their
comments in writing to the above address. All comments received in
response to this notice will become part of the public record and will
be available for inspection and copying at Suite 902Q, Crystal Park 2,
2121 Crystal Drive, Arlington, Virginia.
Authority: Pub. L. No. 105-330.
Dated: March 9, 1999.
Q. Todd Dickinson,
Acting Assistant Secretary of Commerce and Acting Commissioner of
Patents and Trademarks.
[FR Doc. 99-6347 Filed 3-15-99; 8:45 am]
BILLING CODE 3510-16-P