Page:United States Statutes at Large Volume 110 Part 5.djvu/332

 110 STAT. 3406 PUBLIC LAW 104-288—OCT. 11, 1996 no later than 6 months after the date of the enactment of this Act. 22 USC 2141c. SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND NAMES. (a) IN GENERAL.— The Organization shall provide for the design of such sjnnbols, emblems, trademarks, and names as may be appropriate and shall take all action necessary to protect and regulate the use of such symbols, emblems, trademarks, and names under law. (b) EXCLUSIVE RIGHT OF THE ORGANIZATION.— The Organization shall have exclusive right to use the name "United States National Tourism Organization and the acronym "USNTO", the symbol described in subsection (c)(1)(A), the emblem described in subsection (c)(1)(B), and the words "United States National Tourism Organization", or any combination thereof, subject to the use reserved by subsection (c)(2). (c) UNAUTHORIZED USE; CIVIL ACTION.— (1) IN GENERAL.— Any person who, without the consent of the Organization, uses— (A) the symbol of the Organization; (B) the emblem of the Organization; (C) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Organization; or (D) the words "United States National Tourism Organization" or the acronym "USNTO" or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the Organization or any Organization activity; for the purpose of trade, to induce the sale of. any goods or services, or to promote any exhibition, shall be subject to suit in a civil action brought in the appropriate court by the Organization for the remedies provided in the Act oi July 5, 1946 (60 Stat. 427; 15 U.S.C. 1501 et seq.) (popularly known as the Trademark Act of 1946). (2) EXCEPTION. — Paragraph (1)(D) shall not be construed to prohibit any person who, before the date of the enactment of this Act, actually used the words "United States National Tourism Organization" or the acronym "USNTO" for any lawful purpose from continuing such lawful use for the same purpose and for the same goods and services. (d) CONTRIBUTORS AND SUPPLIERS.— The Organization may authorize contributors and suppliers of goods and services to use the trade name of the Organization as well as any trademark, symbol, insignia, or emblem of the Organization in advertising that the contributions, goods, or services were donated, supplied, or furnished to or for the use of, approved, selected, or used by the Orgguiization. (d) LIMITATION. —The Organization may not adopt or use any existing symbol, emblem, trademark, or name that is protected under law (including any treaty to which the United States is a party). 22 USC 2141d. SEC. 6. UNITED STATES GOVERNMENT COOPERATION. (a) IN GENERAL.— The Secretary of Commerce, Secretary of State, the United States Trade Representative, Director of the United States Information Agency, and the Trade and Development Agency shall—

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