U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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59–118

" ! SENATE 105TH CONGRESS

2d Session

TREATY DOC.

1998

105–35

TRADEMARK LAW TREATY WITH REGULATIONS

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

TRADEMARK LAW TREATY DONE AT GENEVA OCTOBER 27, 1994,

WITH REGULATIONS. THE TREATY WAS SIGNED BY THE UNITED

STATES ON OCTOBER 28, 1994

JANUARY 29, 1998.—Treaty was read the first time and, together with

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, January 29, 1998.

To the Senate of the United States:

I transmit herewith for advice and consent to ratification, the

Trademark Law Treaty done at Geneva October 27, 1994, with

Regulations. The Treaty was signed by the United States on October 28, 1994. I also transmit for the information of the Senate, the

report of the Department of State with respect to the Treaty, accompanied by a detailed analysis of the Treaty and Regulations,

prepared by the Department of State and the Patent and Trademark Office of the Department of Commerce.

Ratification of the Treaty is in the best interests of the United

States. The Treaty eliminates many of the burdensome formal requirements that now exist in the trademark application and registration maintenance processes of many countries. Those requirements cause considerable expense and delay for trademark owners.

The Treaty is aimed at standardizing and simplifying the application process so that the application will be accepted and processed

by the trademark offices of all parties to the Treaty.

I recommend, therefore, that the Senate give early and favorable

consideration to the Trademark Law Treaty with Regulations and

give its advice and consent to ratification.

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, November 24, 1997.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you, with a view

to its transmission to the Senate for advice and consent to ratification, the Trademark Law Treaty (hereinafter, the ‘‘Treaty’’) done at

Geneva, October 27, 1994, with Regulations. The Treaty was signed

by the United States on October 28, 1994. The Treaty will simplify

the protection of trademarks and service marks for U.S. trademark

owners by eliminating unnecessary formalities.

The Treaty entered into force on August 1, 1996. Seven countries

are currently party to it. The provisions of the Treaty will make it

easier for U.S. trademark owners to protect their valuable trademarks in those countries that become party to the Treaty. The

Treaty’s most important contribution is that it eliminates many of

the formal requirements that now exist in the trademark application and registration maintenance process of many countries. Those

requirements cause considerable expense and delay for trademark

owners. The Treaty also provides assurances to trademark applicants and to holders of trademark applications and registrations

that a document filed by the trademark owner or his/her attorney,

if completed properly, will be accepted by the trademark office of

every member State.

In addition, the Treaty will bring a number of practical improvements to the trademark application and registration maintenance

process.

Applicants will be able to file trademark applications for protection under multiple goods or services classifications; these applications will mature into multiple class registrations.

All member States will be obliged to accept applications for and

register service marks as well as goods marks.

Trademark owners and applicants will be able to record a

change, such as a change of address, assignment of trademark

rights, or appointment of a representative, for all of a trademark’s

relevant applications or registrations, by filing a single request.

With two minor exceptions, applicants and registrants will no

longer need to undertake the often cumbersome process of legalizing signatures.

Further, the duration of the initial period of registration and of

each renewal period will be ten years.
VI

Implementation of the Treaty will require only limited changes

to U.S. law; implementing legislation has been passed by the

House.

Attached hereto is a further analysis of the Treaty’s articles, prepared by the Department of State and the Patent and Trademark

Office of the Commerce Department.

Prompt ratification of the Treaty will demonstrate the commitment of the United States to the effective protection of intellectual

property and encourage other countries to join this system for the

protection of trademarks.

I recommend, therefore, that the Trademark Law Treaty with

Regulations be transmitted to the Senate as soon as possible for its

advice and consent to ratification.

Respectfully submitted,

STROBE TALBOT.
(1)
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