Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013

To amend the Trademark Act of 1946 regarding the disparagement of Native American persons or peoples through marks that use the term redskin 1. Short title This Act may be cited as the Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013 2. Findings Congress finds the following: (1) The use of the terms redskin redskins (2) The term redskin (3) Major Native American organizations, including the National Congress of American Indians, the National Indian Education Association, the Native American Journalists Association, the Native American Rights Fund, the Morning Star Institute, the International Indian Treaty Council, and the National Indian Youth Council, have opposed the continued use of the term redskin (4) Recent psychological evidence has demonstrated the general negative effects associated with references in sports to Native American people. (5) Trademarks containing the term redskin 3. References to Trademark Act of 1946 In this Act, the term Trademark Act of 1946 An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes Lanham Act 15 U.S.C. 1051 et seq. 4. Registration of marks containing certain terms Section 2(a) of the Trademark Act of 1946 ( 15 U.S.C. 1052(a) A mark consisting of or including the term redskin redskin 5. Cancellation of marks Section 14 of the Trademark Act of 1946 ( 15 U.S.C. 1064 (1) in the text before paragraph (1), by striking A petition to cancel (a) Petitions to cancel.— (2) by adding at the end the following: (b) Cancellation of marks containing certain terms (1) In general Notwithstanding any other provision of this Act, the Director shall cancel a registration of a mark containing the term redskin redskin (A) the mark has been or is used in commerce in connection with references to or images of one or more Native American persons or peoples, or to Native American persons or peoples in general; or (B) the Director determines that the term as included in the mark is commonly understood to refer to one or more Native American persons or peoples, or to Native American persons or peoples in general. (2) Renewal A registration cancelled under paragraph (1) shall not be subject to renewal pursuant to section 9 of this Act. . 6. Conforming amendments (a) Cancellation due To blurring or dilution by tarnishment Section 2(f) of the Trademark Act of 1946 ( 15 U.S.C. 1052(f) section 14 section 14(a) (b) Exception to incontestability Section 15 of such Act ( 15 U.S.C. 1065 section 14 of this Act, section 14(a) of this Act or for which a registration is required to be cancelled under section 14(b) of this Act, 7. Effective date This Act shall take effect on the date of the enactment of this Act and shall apply to— (1) any mark that is registered under the Trademark Act of 1946 before, on, or after such date; and (2) any application to register a mark under that Act that is pending on, or filed on or after, such date.

Summary: Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013 - Amends the Trademark Act of 1946 to conclusively presume that a mark that uses the term "redskin" or any derivation of that term consists of matter which may disparage persons if: (1) it has been, is, or is intended to be used in commerce in connection with references to or images of Native Americans; or (2) the Director of the United States Patent and Trademark Office (Director) determines that the term as included in the mark is commonly understood to refer to Native Americans. (The possibility that a mark disparages persons is grounds for refusing its registration.) Requires the Director to cancel the registration of a mark containing the term "redskin" or any derivation of that term if: (1) it has been or is used in commerce in connection with references to or images of Native Americans, or (2) the Director determines that the term as included in the mark is commonly understood to refer to Native Americans.