A bill to amend the Trademark Act of 1946 to provide for the registration and protection of trademarks used in commerce, in order to carry out provisions of certain international conventions, and for other purposes.
Authorizes the owner of a basic application for mark registration pending before, or of a basic registration granted by, the U.S. Patent and Trademark Office who is a U.S. national, is domiciled in the United States, or has a real and effective industrial or commercial establishment in the United States to file an international application with the Office. Requires the Commissioner of Patents and Trademarks to certify that information contained in the international application corresponds to that in the basic application or registration and to transmit the application to the International Bureau of the World Intellectual Property Organization.
Authorizes holders of international registrations based on U.S. registrations to request extensions of protection from the International Bureau or the Office and entitles them to: (1) extensions of U.S. protection; and (2) a right of priority under the Paris Convention for the Protection of Industrial Property, subject to certain conditions.
Bars protection: (1) for an international registration if the Office is the office of origin; and (2) to any mark not registrable on the Principal Register.
Sets forth provisions relating to extension of U.S. protection (including cancellation of such protection) for goods and services under an international registration that has been canceled or is not renewed, and concerning authorized holders of such registrations.
Authorizes extensions of protection only to persons who are nationals of, or have other specified connections to, a country that is a Contracting Party or a member of an intergovernmental organization that is a Contracting Party to the Protocol.
For Further Action See H.R.2215.
Became Public Law No: 107-273.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1634-1635)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1635-1637)
Sponsor introductory remarks on measure. (CR S5583)
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 107-46.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 107-46.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 101.
Sponsor introductory remarks on measure. (CR S5252-5254)
Sponsor introductory remarks on measure. (CR S5583)
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