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Trademark Law Treaty Implementation Act

Became Public Law No: 105-330.

Official summary

Version 35 · Passed Senate amended · Sep 17, 1998

TABLE OF CONTENTS: Title I: Trademark Law Treaty Implementation Title II: Technical Corrections Title III: Miscellaneous Provisions Title I: Trademark Law Treaty Implementation - Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements. (Sec. 103) Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications. Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements. (Sec. 104) Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional. (Sec. 105) Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations. (Sec. 106) Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge. (Sec. 108) Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes. Title II: Technical Corrections - Makes various specified technical corrections to the Trademark Act of 1946. Title III: Miscellaneous Provisions - Amends the Trademark Act of 1946 to declare that nothing shall be deemed to prohibit a registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the registrant's certification standards. States that such uses shall not be grounds for cancellation of registration so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied. (Sec. 302) Directs the Commissioner of Patents and Trademarks to study and report to specified congressional committees on the issues surrounding the protection of the official insignia of federally and State recognized Native American tribes.

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Who introduced it

Sen. Hatch, Orrin G. [R-UT] · R–UT

Committees

  • Judiciary Committee
1 cosponsorship records, including any withdrawals

Actions

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  1. Became Public Law No: 105-330.

  2. Became Public Law No: 105-330.

  3. Signed by President.

  4. Signed by President.

  5. Presented to President.

  6. Presented to President.

  7. Motion to reconsider laid on the table Agreed to without objection.

  8. On motion to suspend the rules and pass the bill Agreed to by voice vote.

  9. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

  10. DEBATE - The House proceeded with forty minutes of debate.

  11. Considered under suspension of the rules. (consideration: CR H10334-10337)

  12. Mr. Coble moved to suspend the rules and pass the bill.

  13. Held at the desk.

  14. Message on Senate action sent to the House.

  15. Received in the House.

  16. Passed Senate with an amendment by Unanimous Consent.

  17. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  18. Measure laid before Senate by unanimous consent. (consideration: CR S10535-10536)

  19. Placed on Senate Legislative Calendar under General Orders. Calendar No. 474.

  20. Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

  21. Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

  22. Committee on Judiciary. Ordered to be reported without amendment favorably.

  23. Read twice and referred to the Committee on Judiciary.

  24. Sponsor introductory remarks on measure. (CR S6573-6574, S6576-65579)

  25. Introduced in Senate

Bill text & related measures

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