[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Referred in House (RFH)]

111th CONGRESS
  1st Session
                                S. 1358


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                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2009

               Referred to the Committee on the Judiciary

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                                 A BILL


 
  To authorize the Director of the United States Patent and Trademark 
Office to use funds made available under the Trademark Act of 1946 for 
 patent operations in order to avoid furloughs and reductions-in-force.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORITY OF PTO DIRECTOR TO USE TRADEMARK FUND.

    (a) Authority.--The Director of the United States Patent and 
Trademark Office may use funds made available under section 31 of the 
Trademark Act of 1946 (15 U.S.C. 1113) to support the processing of 
patents and other activities, services, and materials relating to 
patents, notwithstanding section 42(c) of title 35, United States Code, 
if--
            (1) the Director certifies to Congress that the use of such 
        funds is reasonably necessary to avoid furloughs or a 
        reduction-in-force in the Patent and Trademark Office, or both; 
        and
            (2) funds so used are repaid to trademark operations not 
        later than September 30, 2011.
    (b) Expiration of Authority.--The authority under subsection (a) 
shall terminate on June 30, 2010.
    (c) Definitions.--In this section:
            (1) Director.--The terms ``Director of the United States 
        Patent and Trademark Office'' and ``Director'' mean the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office.
            (2) Trademark act of 1946.--The term ``Trademark Act of 
        1946'' means the Act entitled ``An Act to provide for the 
        registration and protection of trademarks used in commerce, to 
        carry out the provisions of certain international conventions, 
        and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 
        et seq.).

            Passed the Senate June 25, 2009.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.