DEPARTMENT OF COMMERCE
Patent and Trademark Office
RIN 0651-AB02
Official Insignia of Native American Tribes;
Statutorily Required Study
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Notice of hearings.
SUMMARY: Public Law 105-330 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. This notice invites interested members of the public to
testify at hearings on any of the topics outlined below.
DATES: Public hearings will be held on the following dates: July 8,
1999; July 12, 1999; and July 15, 1999. The July 8, 1999 hearing will
start at 10:00 a.m. and end no later than 5:00 p.m. The July 12, 1999
and July 15, 1999 hearings will start at 9:00 a.m. and end no later than
5:00 p.m.
Those wishing to present oral testimony at any of the hearings must
request an opportunity to do so no later than July 2, 1999.
The transcripts from each public hearing will be available for public
inspection on or about August 10, 1999.
ADDRESSES: The July 8, 1999 hearing will be held in the
"Silver and Turquoise Room" of the Indian Pueblo Cultural Center,
located at 2401 12th N.W., Albuquerque, New Mexico. The July 12, 1999
hearing will be held at the San Francisco Public Library, Koret
Auditorium, Civic Center, located at 100 Larkin Street, San Francisco,
California. The July 15, 1999 hearing will be held in the Commissioner's
Conference Room, located in Crystal Park Two, Room 912, 2121 Crystal
Drive, Arlington, Virginia.
Those interested in testifying on the topics presented below in the
Supplementary Information section, or on any other related topics,
should send their requests to the attention of 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.
Public Law 105-330 may be viewed via the Library of Congress website at:
www.thomas.loc.gov.
FOR FURTHER INFORMATION CONTACT: Eleanor K. Meltzer by telephone:
703-306-2960; by e-mail: eleanor.meltzer@uspto.gov; or by facsimile
transmission: 703-305-8885.
SUPPLEMENTARY INFORMATION:
I. Background
On October 30, 1998, President Clinton signed Public Law 105-330.
Title III of this law requires the PTO to study how official insignia of
Native American Tribes may better be protected under trademark law. The
new law requires that the PTO 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
71619) requesting comments on how best to conduct the study, where
public hearings should be held, and who should be consulted during the
study process. A follow-up Federal Register notice was published on
March 16, 1999 (64 FR 13004) requesting public comments on the issues
identified below.
II. Issues
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 issues. These issues should form the
basis for testimony at the public hearings.
(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?
II. Guidelines for Oral Testimony
Individuals who wish to testify must adhere to the following guidelines,
which will ensure that the PTO is able to contact speakers regarding any
schedule changes:
1. Anyone wishing to testify at the hearing(s) must request an
opportunity to do so no later than July 2, 1999. Requests to testify may
be accepted on the date of each hearing if sufficient time is available
on the schedule. No one will be permitted to testify without prior
approval.
2. Requests to testify must include: the speaker's name, affiliation and
title, mailing address, and telephone number. Facsimile number and
Internet mail address, if available, should also be provided. Parties
may include in their request an indication as to whether they wish to
testify during the morning or afternoon session of the hearing(s).
3. Depending on the number of persons who wish to make presentations,
speakers will be given between five and fifteen minutes to present their
remarks. The exact amount of time allocated per speaker will be set
after the final number of parties testifying has been determined.
4. Speakers should provide a written copy of their testimony for
inclusion in the record of the proceedings.
5. A schedule providing the approximate starting time for each speaker
will be distributed in the morning of the day of each hearing. Speakers
are advised that the schedule for testimony will be subject to change
during the course of the hearings.
Information that is provided pursuant to this notice will be made part
of a public record and may be available via the Internet. In view of
this, parties should not submit information that they do not wish to be
publicly disclosed or made electronically accessible. Parties who would
like to rely on confidential information to illustrate a point are
requested to summarize or otherwise submit the information in a way that
will permit its public disclosure.
May 28, 1999 Q. TODD DICKINSON
Acting Assistant Secretary of Commerce and
Acting Commissioner of Patents and Trademarks