[Federal Register: December 29, 1998 (Volume 63, Number 249)]
[Notices]
[Page 71619-71620]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de98-32]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. 981214305-8305-01]
RIN 0651-AB02
Official Insignia of Native American Tribes; Statutorily Required
Study
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: On October 30, 1998, President Clinton signed Public Law 105-
330. This law 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.
The new law requires that the Commissioner of Patents and Trademarks
(Commissioner) complete the study and submit a report, including the
findings and conclusions, to the chairmen of the Committee on the
judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives, not later than September 30, 1999. This notice
requests input that will help the PTO make an initial determination of
how best to conduct the study, where public hearings should be held,
and who should be consulted during the study process.
DATES: To ensure consideration, comments must be received no later than
February 12, 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.meltzeruspto.gov; facsimile transmission: 703-305-8885. P.L.
105-330 may be viewed via the Library of Congress website at:
thomas.loc.gov
SUPPLEMENTARY INFORMATION: Members of Congress have received complaints
regarding the lack of adequate protection for the official insignia of
Native American tribes. Title III of P.L. 105-330 requires the PTO to
study how such official insignia may better be protected under
trademark law. As an initial step to completing the mandated study,
through this Notice the PTO would like comments on: (1) how best to
conduct the study; (2) where public hearings should be held; and (3)
who should be consulted during the study process.
Issues to be Addressed by the Study
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. to help in answering items 1-3 above, the
following issues are raised. They are provided for informational
purposes only. Another Federal Register notice will be published in
1999 specifically requesting answers to the following questions.
Defnition of ``Official Insignia''--How should the PTO
define ``official insignia'' of a federally or state recognized Native
American tribe?
Establishing and Maintaining a List of Official Insignia--
How should the PTO establish a list of the official insignia of
federally and/or state recognized Native American tribes? How should
the PTO maintain such a list?
Impact of Changes in Current Law or Policy--How would 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 would
such changes affect trademark owners? How would such changes affect the
Patent and Trademark Office? How would such changes affect any other
interested party? What impact would any such changes have on the
international legal obligations of the United States?
Impact of Prohibition on Federal Registration & New Uses
of Official Insignia--How would prohibiting Federal registration of
trademarks identical to the official insignia of Native American tribes
affect any/all of the above-mentioned entities? How would prohibiting
any new use of the official insignia of Native American tribes affect
any/all of the above-mentioned entities? What effect would 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?
Administrative Feasibility--What is the administrative
feasibility, including the cost, of changing the current law or policy,
to prohibit the registration? What is the administrative feasibility,
including the cost, of prohibiting any new uses of the official
insignia of state or federally recognized Native American tribes? What
is the administrative feasibility, including the cost, of otherwise
providing additional protection to the official insignia of federally
and state recognized Native American tribes?
Timing of Changes in Protection--Should changes in the
scope of protection for official tribal insignia be offered
prospectively? Retrospectively? What is the impact of such protection?
Statutory Requirements--What statutory changes would be
necessary in order to provide such protection?
Other Relevant Factors--What other factors, not mentioned
above, are relevant to this issue?
[[Page 71620]]
Request for Public Comment
The Commissioner has identified the following topics for which
public comment is currently requested:
1. Best Method of Obtaining Public Comments
What is the best way to obtain public comments? Should the PTO
conduct public hearings in order to obtain comments?
2. Site of Public Hearings
If public hearing are desirable, where should these hearings be
conducted? If suggesting sites for public hearings, please explain the
benefits, particularly in terms of reaching a relevant audience.
3. Persons/Organizations to Consult
Who should be consulted in order to effectively study the impact of
changes in trademark protection for the official insignia of Native
American tribes? Why?
Persons interested in commenting on the issues outlined above, or
any other topics related to the official insignia of native American
tribes, should submit their comments in writing to the above address.
It is emphasized that, right now, the PTO is only requesting comments
on Questions 1, 2, and 3 above. 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.
Dated: December 22, 1998.
Q. Todd Dickinson,
Deputy Assistant Secretary of Commerce and Deputy Commissioner of
Patents and Trademarks.
[FR Doc. 98-34349 Filed 12-28-98; 8:45 am]
BILLING CODE 3510-16-M