S.407 - Madrid Protocol Implementation Act107th Congress (2001-2002)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 02/27/2001)|
|Committees:||Senate - Judiciary|
|Committee Reports:||S. Rept. 107-46|
|Latest Action:||06/14/2002 Sponsor introductory remarks on measure. (CR S5583) (All Actions)|
|Notes:||For further action, see H.R. 2215, which became Public Law 107-273 on 11/2/2002.|
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Summary: S.407 — 107th Congress (2001-2002)All Bill Information (Except Text)
Madrid Protocol Implementation Act - Amends the Trademark Act of 1946 to set forth the Madrid Protocol concerning the International Registration of Marks.
Reported to Senate amended (07/25/2001)
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.