Video archive of the US Congress

House Proceeding 03-03-10 on Mar 3rd, 2010 :: 1:32:55 to 1:37:05
Total video length: 4 hours 30 minutes Stream Tools: Stream Overview | Edit Time

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Hank Johnson

1:32:40 to 1:33:01( Edit History Discussion )

Hank Johnson: recognition? johnson jonse mr. speaker, i move -- mr. johnson: mr. speaker, i move to pass the bill s. 2968. the speaker pro tempore: the clerk will report the title of the bill the clerk: senate 2968, an act to make certain technical and performing amendments to the

Hank Johnson

1:32:55 to 1:37:05( Edit History Discussion )
Speech By: Hank Johnson

Hank Johnson

1:33:02 to 1:33:22( Edit History Discussion )

Hank Johnson: lanham act. the speaker pro tempore: pursuant to the rule, the gentleman from georgia, mr. johnson, and the gentleman from north carolina, mr. coble, each will control 20 minutes. the chair recognizes the gentleman from georgia. mr. johnson: andthank you, mr. speaker, and i ask unanimous consent that all members have five legislative days to revise and extend their remarks and

Hank Johnson

1:33:23 to 1:33:45( Edit History Discussion )

Hank Johnson: include extraneous material on the bill under consideration. the speaker pro tempore: without objection. mr. johnson: and i yield to myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. johnson: mr. speaker, today we seek to correct a technical and unintentional mistake in the trademark laws that could result

Hank Johnson

1:33:46 to 1:34:07( Edit History Discussion )

Hank Johnson: in inadvertent abandonment for trademark owners who registered under our international agreement on trade marks which is called -- trademarks which is called the madrid protocol. at the exploration of their trademark term, they're required to submit affidavits to the united states patent and trademark office stayeding that

Hank Johnson

1:34:08 to 1:34:30( Edit History Discussion )

Hank Johnson: -- stating that they have continuously met the statutory requirements of use in commerce or alternative -- alternatively excusable nonuse. such affidavits are essential to maintain current trademark registrations and to clear the register of inactive trademarks.

Hank Johnson

1:34:31 to 1:34:51( Edit History Discussion )

Hank Johnson: however, due to a technica mistake in the lanham act our trademark laws unintentionally prevent trademark owners who filed these affidavits for registering extensions under the madrid protocol.

Hank Johnson

1:34:57 to 1:35:17( Edit History Discussion )

Hank Johnson: . compliance with regular lations should not reduce the rights of trademark owners. today, we will harmonize our laws with the madrid prot coal so this particular injustice no longer occurs. additionally, this legislation

Hank Johnson

1:35:18 to 1:35:38( Edit History Discussion )

Hank Johnson: gives the director of the u.s. p.t.o. discretion to alow aplicants to correct harmless errors that other wise would be - would have severe and unreasonable intelectual property ramifications. the intellectual property organization and the american

Hank Johnson

1:35:39 to 1:36:00( Edit History Discussion )

Hank Johnson: intellectual property law association, both support this legislation. in their letter in support of this bill, the american intellectual property law association stated that this bill is, quote, a highly desirable amendment to the trademark act, end quote.

Hank Johnson

1:36:01 to 1:36:23( Edit History Discussion )

Hank Johnson: and refers to this legislation as a, quote, cure, end quote, for specific inconsistencies for trademark owners. however, the bill is not perfect. it includes a study provision including trademark lawsuit alleged abuse and small businesses.

Hank Johnson

1:36:24 to 1:36:47( Edit History Discussion )

Hank Johnson: while we don't ant to delay the necessary relief to trademark owner -- to the trademark owner that this bill will provide by immediate passage of senate bill 2968, the ranking member and i are committed to working with senator leahy to refine the text

Hank Johnson

1:36:48 to 1:37:09( Edit History Discussion )

Hank Johnson: of this study provision at our soonest oportunity. it is time to finally give our trademark owners who register under the madrid protocol the rights they should have had originally. the legislative update

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