[Federal Register Volume 64, Number 50 (Tuesday, March 16, 1999)]
[Notices]
[Pages 13004-13005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6347]


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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.

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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: 
NAFedRegN[email protected].

FOR FURTHER INFORMATION CONTACT: Eleanor K. Meltzer; Telephone: 703-
306-2960; E-mail: [email protected]; 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