Page:United States Statutes at Large Volume 112 Part 5.djvu/313

 PUBLIC LAW 105-330—OCT. 30, 1998 112 STAT. 3071 certified goods or services to which its identical certification mark is applied.". SEC. 302. OFFICIAL INSIGNIA OF NATIVE INDIAN TRIBES. (a) IN GENERAL.—The Commissioner of Patents and Trademarks shall study the issues surrounding the protection of the official insignia of federally and State recognized Native American tribes. The study shall address at least the following issues: (1) The impact on Native American tribes, trademark owners, the Patent and Trademark Office, any other interested party, or the international legal obligations of the United States, of any change in law or policy with respect to— (A) the prohibition of the Federal registration of trademarks identical to the official insignia of Native American tribes; (B) the prohibition of any new use of the official insignia of Native American tribes; and (C) appropriate defenses, including fair use, to any claims of infidngement. (2) The means for establishing and maintaining a listing of the official insignia of federally or State recognized Native American tribes. (3) An acceptable definition of the term "official insignia" with respect to a federally or State recognized Native American tribe. (4) The administrative feasibility, including the cost, of changing the current law or policy to— (A) prohibit the registration, or prohibit any new uses of the official insignia of State or federally recognized Native American tribes; or (B) otherwise give additional protection to the official insignia of federally and State recognized Native American tribes. (5) A determination of whether such protection should be offered prospectively or retrospectively and the impact of such protection. (6) Any statutory changes that would be necessary in order to provide such protection. (7) Any other factors which may be relevant. (b) COMMENT AND REPORT.— Deadlines. (1) COMMENT.— Not later than 60 days after the date of enactment of this Act, the Commissioner shall initiate a request for public comment on the issues identified and studied by the Commissioner under subsection (a) and invite comment on any additional issues that are not included in such request. During the course of the public comment period, the Commissioner shall use any appropriate additional measures, including field hearings, to obtain as wide a range of views as possible from Native American tribes, trademark owners, and other interested parties.

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