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S. 407

Madrid Protocol Implementation Act

Madrid Protocol Implementation Act - Amends the Trademark Act of 1946 to set forth the Madrid Protocol concerning the International Registration of Marks.

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.

Sponsor introductory remarks on measure. (CR S5583)

Sen. Leahy, Patrick J. [D-VT](D-VT)Sponsor
1 cosponsor1 R
1cosponsors1committees10actions3related bills13subjects
  1. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S5583)

  2. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S5252-5254)

  3. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 101.

  4. Committee

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 107-46.

    Judiciary Committee
  5. Committee14000

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. With written report No. 107-46.

    Judiciary Committee
  6. Committee

    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  7. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S5583)

  8. IntroReferral

    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1635-1637)

    Judiciary Committee
  9. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S1634-1635)

  10. IntroReferral10000

    Introduced in Senate

Jul 25, 200101
Madrid Protocol Implementation Act - Amends the Trademark Act of 1946 to set forth the Madrid Protocol concerning the International Registration of Marks.

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.

Feb 27, 200100
Madrid Protocol Implementation Act - Amends the Trademark Act of 1946 to set forth the Madrid Protocol concerning the International Registration of Marks.

Authorizes the owner of a basic application for mark registration pending before, or of a basic registration granted by, the 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 cancelled 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.