Official Insignia of Native American Tribes; Statutorily Required Study

[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Notices]
[Pages 29841-29842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14032]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office
RIN 0651-AB02


Official Insignia of Native American Tribes; Statutorily Required 
Study

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice of hearings.

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SUMMARY: Public Law 105-330 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. This notice invites interested members of the public 
to testify at hearings on any of the topics outlined below.

DATES: Public hearings will be held on the following dates: July 8, 
1999; July 12, 1999; and July 15, 1999. The July 8, 1999 hearing will 
start at 10 a.m. and end no later than 5 p.m. The July 12, 1999 and 
July 15, 1999 hearings will start at 9 a.m. and end no later than 5 
p.m.
    Those wishing to present oral testimony at any of the hearings must 
request an opportunity to do so no later than July 2, 1999.
    The transcripts from each public hearing will be available for 
public inspection on or about August 10, 1999.

ADDRESSES: The July 8, 1999 hearing will be held in the ``Silver and 
Turquoise Room'' of the Indian Pueblo Cultural Center, located at 2401 
12th NW, Albuquerque, New Mexico. The July 12, 1999 hearing will be 
held at the San Francisco Public Library, Koret Auditorium, Civic 
Center, located at 100 Larkin Street, San Francisco, California. The 
July 15, 1999 hearing will be held in the Commissioner's Conference 
Room, located in Crystal Park Two, Room 912, 2121 Crystal Drive, 
Arlington, Virginia.
    Those interested in testifying on the topics presented below in the 
Supplementary Information section, or on any other related topics, 
should send their requests to the attention of 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.
    Public Law 105-330 may be viewed via the Library of Congress 
website at: www.thomas.loc.gov.

FOR FURTHER INFORMATION CONTACT: Eleanor K. Meltzer by telephone: 703-
306-2960; by e-mail: eleanor.meltzer@uspto.gov; or by facsimile 
transmission: 703-305-8885.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 30, 1998, President Clinton signed Public Law 105-330. 
Title III of this law requires the PTO to study how official insignia 
of Native American Tribes may better be protected under trademark law. 
The new law requires that the PTO 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 71619) requesting comments on how best to conduct the study, where 
public hearings should be held, and who should be consulted during the 
study process. A follow-up Federal Register notice was published on 
March 16, 1999 (64 FR 13004) requesting public comments on the issues 
identified below.

II. Issues

    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 issues. These issues should form the 
basis for testimony at the public hearings.

(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?

[[Page 29842]]

(8) Other Relevant Factors

    What other factors, not mentioned above, might be relevant to this 
issue?

III. Guidelines for Oral Testimony

    Individuals who wish to testify must adhere to the following 
guidelines, which will ensure that the PTO is able to contact speakers 
regarding any schedule changes:
    1. Anyone wishing to testify at the hearing(s) must request an 
opportunity to do so no later than July 2, 1999. Requests to testify 
may be accepted on the date of each hearing if sufficient time is 
available on the schedule. No one will be permitted to testify without 
prior approval.
    2. Requests to testify must include: The speaker's name, 
affiliation and title, mailing address, and telephone number. Facsimile 
number and Internet mail address, if available, should also be 
provided. Parties may include in their request an indication as to 
whether they wish to testify during the morning or afternoon session of 
the hearing(s).
    3. Depending on the number of persons who wish to make 
presentations, speakers will be given between five and fifteen minutes 
to present their remarks. The exact amount of time allocated per 
speaker will be set after the final number of parties testifying has 
been determined.
    4. Speakers should provide a written copy of their testimony for 
inclusion in the record of the proceedings.
    5. A schedule providing the approximate starting time for each 
speaker will be distributed in the morning of the day of each hearing. 
Speakers are advised that the schedule for testimony will be subject to 
change during the course of the hearings.
    Information that is provided pursuant to this notice will be made 
part of a public record and may be available via the Internet. In view 
of this, parties should not submit information that they do not wish to 
be publicly disclosed or made electronically accessible. Parties who 
would like to rely on confidential information to illustrate a point 
are requested to summarize or otherwise submit the information in a way 
that will permit its public disclosure.

    Dated: May 28, 1999.
Q. Todd Dickinson,
Acting Assistant Secretary of Commerce and Acting Commissioner of 
Patents and Trademarks.
[FR Doc. 99-14032 Filed 6-2-99; 8:45 am]
BILLING CODE 3510-16-U