I 

113TH CONGRESS 

1ST SESSION H. R. 1278 

To amend the Trademark Act of 1946 regarding the disparagement of Native 

American persons or peoples through marks that use the term ‘‘redskin’’, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2013 

Mr. FALEOMAVAEGA (for himself, Mr. COLE, Ms. MCCOLLUM, Ms. NORTON, 

Mr. GRIJALVA, Ms. BASS, Ms. MOORE, Mr. LEWIS, Mr. HONDA, and 

Mrs. CHRISTENSEN) introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To amend the Trademark Act of 1946 regarding the disparagement of Native American persons or peoples through 

marks that use the term ‘‘redskin’’, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Non-Disparagement 

5 of Native American Persons or Peoples in Trademark 

6 Registration Act of 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The use of the terms ‘‘redskin’’ and ‘‘red4 skins’’ in trademarks is widely understood to refer 

5 to or imply a negative reference to Native American 

6 persons or peoples, or both. 

7 (2) The term ‘‘redskin’’ has been demonstrated 

8 by overwhelming linguistic and historical evidence to 

9 constitute a disparaging epithet insulting to Native 

10 American persons or peoples, or both. 

11 (3) Major Native American organizations, in12 cluding the National Congress of American Indians, 

13 the National Indian Education Association, the Na14 tive American Journalists Association, the Native 

15 American Rights Fund, the Morning Star Institute, 

16 the International Indian Treaty Council, and the 

17 National Indian Youth Council, have opposed the 

18 continued use of the term ‘‘redskin’’ in trademarks 

19 or as the name of sports teams. 

20 (4) Recent psychological evidence has dem21 onstrated the general negative effects associated 

22 with references in sports to Native American people. 

23 (5) Trademarks containing the term ‘‘redskin’’, 

24 or any derivation of the term, should not continue 

25 to enjoy the benefits of Federal registration. 


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1 SEC. 3. REFERENCES TO TRADEMARK ACT OF 1946. 

2 In this Act, the term ‘‘Trademark Act of 1946’’ 

3 means the Act entitled ‘‘An Act to provide for the registra4 tion and protection of trademarks used in commerce, to 

5 carry out the provisions of certain international conven6 tions, and for other purposes’’, approved July 5, 1946 

7 (commonly referred to as the ‘‘Lanham Act’’; 15 U.S.C. 

8 1051 et seq.). 

9 SEC. 4. REGISTRATION OF MARKS CONTAINING CERTAIN 

10 TERMS. 

11 Section 2(a) of the Trademark Act of 1946 (15 

12 U.S.C. 1052(a)) is amended by adding at the end the fol13 lowing: ‘‘A mark consisting of or including the term ‘red14 skin’ or any derivation of the term ‘redskin’ shall be con15 clusively presumed to consist of matter which may dispar16 age persons if (1) the mark has been, is, or is intended 

17 to be used in commerce in connection with references to 

18 or images of one or more Native American persons or peo19 ples, or to Native American persons or peoples in general; 

20 or (2) the Director determines that the term as included 

21 in the mark is commonly understood to refer to one or 

22 more Native Americans persons or peoples, or to Native 

23 American persons or peoples in general.’’. 

24 SEC. 5. CANCELLATION OF MARKS. 

25 Section 14 of the Trademark Act of 1946 (15 U.S.C. 

26 1064) is amended— 


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1 (1) in the text before paragraph (1), by striking 

2 ‘‘A petition to cancel’’ and inserting ‘‘(a) PETITIONS

3 TO CANCEL.—A petition to cancel’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) CANCELLATION OF MARKS CONTAINING CER6 TAIN TERMS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of this Act, the Director shall cancel a reg9 istration of a mark containing the term ‘redskin’ or 

10 any derivation of the term ‘redskin’ if— 

11 ‘‘(A) the mark has been or is used in com12 merce in connection with references to or im13 ages of one or more Native American persons 

14 or peoples, or to Native American persons or 

15 peoples in general; or 

16 ‘‘(B) the Director determines that the term 

17 as included in the mark is commonly under18 stood to refer to one or more Native American 

19 persons or peoples, or to Native American per20 sons or peoples in general. 

21 ‘‘(2) RENEWAL.—A registration cancelled under 

22 paragraph (1) shall not be subject to renewal pursu23 ant to section 9 of this Act.’’. 


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1 SEC. 6. CONFORMING AMENDMENTS. 

2 (a) CANCELLATION DUE TO BLURRING OR DILU3 TION BY TARNISHMENT.—Section 2(f) of the Trademark 

4 Act of 1946 (15 U.S.C. 1052(f)) is amended in the final 

5 sentence by striking ‘‘section 14’’ and inserting ‘‘section 

6 14(a)’’. 

7 (b) EXCEPTION TO INCONTESTABILITY.—Section 15 

8 of such Act (15 U.S.C. 1065) is amended in the text be9 fore paragraph (1) by striking ‘‘section 14 of this Act,’’ 

10 and inserting ‘‘section 14(a) of this Act or for which a 

11 registration is required to be cancelled under section 14(b) 

12 of this Act,’’. 

13 SEC. 7. EFFECTIVE DATE. 

14 This Act shall take effect on the date of the enact15 ment of this Act and shall apply to— 

16 (1) any mark that is registered under the 

17 Trademark Act of 1946 before, on, or after such 

18 date; and 

19 (2) any application to register a mark under 

20 that Act that is pending on, or filed on or after, 

21 such date. 

Æ 


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