International Trademark Association Hails Passage of Implementing Legislation for Trademark Law Treaty by the U.S. Congress: A Significant Breakthrough in International Commerce

Business Wire, Oct 12, 1998

NEW YORK--(BUSINESS WIRE)--Oct. 12, 1998--The International Trademark Association (INTA) commends the U.S. Congress on passage of Trademark Law Treaty (TLT) implementing legislation (S.2193), which significantly simplifies the trademark registration process, harmonizes trademark application requirements and administrative procedures. The passage of this bill comes on the heels of the ratification of the Treaty by the Senate on June 26, 1998.

The myriad requirements and formalities of more than 200 trademark jurisdictions around the world impose horrendous costs in time, paper work and unnecessary fees for trademark owners. "The TLT allows companies ranging from small and independent U.S. exporters to major U.S. multinational corporations, to register their trademarks abroad without the difficulties they currently face," said Dr. Frederick Mostert, President of the International Trademark Association. Dr. Mostert added that, "the TLT streamlines Trademark Office procedures, and enables companies to dedicate more time and resources to the protection and defense of their trademarks abroad in an increasingly hostile counterfeiting environment."

Among the seven administrative provisions contained in the TLT that will alleviate the burden on trademark owners are: standardization of forms for applications, powers of attorney, and changes of name, address and ownership; prohibition on requirements for notarization or other certification of any signature, except in the case of surrendering a trademark registration; prohibition on requirements for certificates or extracts from a register of commerce; making one request sufficient for changes of name, address or ownership for several registrations or applications; requiring the acceptance of general powers of attorney; and adopting the International Classification of Goods and Services.

For the past three years, INTA has lobbied and worked with Senator Orin Hatch (R-UT) and Representative Howard Coble (R-NC), as well as other Members serving on the Senate and House Judiciary Committees on legislation providing for U.S. adherence to the TLT. Dr. Mostert commented that "U.S. adherence to this important treaty illustrates that the U.S. Government recognizes that safeguarding trademarks in global commerce is paramount to the success and growth of U.S. trade." Dr. Mostert also emphasized that "many U.S. exporters are trademark owners and all of them contribute a great deal to the U.S. economy, let alone the global economy. It is a simple equation - an efficient export-friendly marketplace will produce more U.S. jobs - and a strong job market equals a healthier and more robust U.S. economy."

While trademark owners around the world salute the recent U.S. ratification and passage of implementing legislation for the TLT, the International Trademark Association is now calling on the U.S. Government to adhere to the Madrid Protocol, (H.R. 567/S. 2191), which has been pending in the U.S. Senate since June 18, 1998. U.S. ratification of both the TLT and the Madrid Protocol, two important trade measures, would give U.S. companies, even greater leverage in registering and protecting their trademarks abroad. These treaties are critical to the success of U.S. companies as they operate in the rapidly expanding and ever increasingly competitive global marketplace. "The Clinton Administration must recognize this and take the appropriate steps to fully support the Madrid Protocol. The next step is for the U.S. Government to break the impasse in its objections to the European Union voting rights issue as it pertains to the Madrid Protocol," concluded Dr. Mostert.

The International Trademark Association works to promote trademarks as essential to commerce worldwide. With more than 3,500 members in 120 countries, the International Trademark Association is the global leader in shaping public policy on trademark and intellectual property issues, and educates business, the media and the public about the importance and proper use of trademarks. For more information, reporters may contact: Monika Carter Laws - International Trademark Association (212) 768-9887, ext. 149 or mcarter-laws@inta.org.