Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements.
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.
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.
Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations.
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.
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.
Adds: (1) functional trademarks to the list of trademarks which may be cancelled at any time; and (2) functionality to the list of defenses to infringement in cases involving incontestable registrations.
Expands remedies for cases involving the willful dilution of famous trademarks to authorize the award of damages and the destruction of infringing articles for such violation.
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts and Intellectual Property.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-194.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-194.
Placed on the Union Calendar, Calendar No. 120.
Mr. Coble moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5505-5507, H5546-5547)
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DEBATE - The House proceeded with forty minutes of debate.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Faleomavaega objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Considered as unfinished business.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 425 - 0 (Roll no. 293).
Roll Call #293 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 425 - 0 (Roll no. 293).
Roll Call #293 (House)Motion to reconsider laid on the table Agreed to without objection.
For Further Action See S.2193.
Received in the Senate and read twice and referred to the Committee on Judiciary.