[Senate Treaty Document 105-35]
[From the U.S. Government Publishing Office]




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105th Congress                                              Treaty Doc.
2d Session                       SENATE                       105-35
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                 TRADEMARK LAW TREATY WITH REGULATIONS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

TRADEMARK LAW TREATY DONE AT GENEVA OCTOBER 27, 1994, WITH REGULATIONS. 
     THE TREATY WAS SIGNED BY THE UNITED STATES ON OCTOBER 28, 1994




 January 29, 1998.--Treaty was read the first time and, together with 
the accompanying papers, referred to the Committee on Foreign Relations 
          and ordered to be printed for the use of the Senate


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                    U.S. GOVERNMENT PRINTING OFFICE

59-118                     WASHINGTON : 1998



                         LETTER OF TRANSMITTAL

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                                 The White House, January 29, 1998.
To the Senate of the United States:
    I transmit herewith for advice and consent to ratification, 
the Trademark Law Treaty done at Geneva October 27, 1994, with 
Regulations. The Treaty was signed by the United States on 
October 28, 1994. I also transmit for the information of the 
Senate, the report of the Department of State with respect to 
the Treaty, accompanied by a detailed analysis of the Treaty 
and Regulations, prepared by the Department of State and the 
Patent and Trademark Office of the Department of Commerce.
    Ratification of the Treaty is in the best interests of the 
United States. The Treaty eliminates many of the burdensome 
formal requirements that now exist in the trademark application 
and registration maintenance processes of many countries. Those 
requirements cause considerable expense and delay for trademark 
owners. The Treaty is aimed at standardizing and simplifying 
the application process so that the application will be 
accepted and processed by the trademark offices of all parties 
to the Treaty.
    I recommend, therefore, that the Senate give early and 
favorable consideration to the Trademark Law Treaty with 
Regulations and give its advice and consent to ratification.

                                                William J. Clinton.



                          LETTER OF SUBMITTAL

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                                       Department of State,
                                     Washington, November 24, 1997.
The President,
The White House.
    The President: I have the honor to submit to you, with a 
view to its transmission to the Senate for advice and consent 
to ratification, the Trademark Law Treaty (hereinafter, the 
``Treaty'') done at Geneva, October 27, 1994, with Regulations. 
The Treaty was signed by the United States on October 28, 1994. 
The Treaty will simplify the protection of trademarks and 
service marks for U.S. trademark owners by eliminating 
unnecessary formalities.
    The Treaty entered into force on August 1, 1996. Seven 
countries are currently party to it. The provisions of the 
Treaty will make it easier for U.S. trademark owners to protect 
their valuable trademarks in those countries that become party 
to the Treaty. The Treaty's most important contribution is that 
it eliminates many of the formal requirements that now exist in 
the trademark application and registration maintenance process 
of many countries. Those requirements cause considerable 
expense and delay for trademark owners. The Treaty also 
provides assurances to trademark applicants and to holders of 
trademark applications and registrations that a document filed 
by the trademark owner or his/her attorney, if completed 
properly, will be accepted by the trademark office of every 
member State.
    In addition, the Treaty will bring a number of practical 
improvements to the trademark application and registration 
maintenance process.
    Applicants will be able to file trademark applications for 
protection under multiple goods or services classifications; 
these applications will mature into multiple class 
registrations.
    All member States will be obliged to accept applications 
for and register service marks as well as goods marks.
    Trademark owners and applicants will be able to record a 
change, such as a change of address, assignment of trademark 
rights, or appointment of a representative, for all of a 
trademark's relevant applications or registrations, by filing a 
single request.
    With two minor exceptions, applicants and registrants will 
no longer need to undertake the often cumbersome process of 
legalizing signatures.
    Further, the duration of the initial period of registration 
and of each renewal period will be ten years.
    Implementation of the Treaty will require only limited 
changes to U.S. law; implementing legislation has been passed 
by the House.
    Attached hereto is a further analysis of the Treaty's 
articles, prepared by the Department of State and the Patent 
and Trademark Office of the Commerce Department.
    Prompt ratification of the Treaty will demonstrate the 
commitment of the United States to the effective protection of 
intellectual property and encourage other countries to join 
this system for the protection of trademarks.
    I recommend, therefore, that the Trademark Law Treaty with 
Regulations be transmitted to the Senate as soon as possible 
for its advice and consent to ratification.
    Respectfully submitted,
                                                     Strobe Talbot.





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