[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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