Establishment of a Database Containing the Official Insignia of Federally and State Recognized Native American Tribes

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Federal Register / Vol. 66, No. 165 / Friday, August 24, 2001 / Notices
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This notice is issued under the
authority of 35 U.S.C. 41(d), 35 U.S.C.
41(g) and 15 U.S.C. 1113.
Dated: August 20, 2001.
Nicholas P. Godici,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. 01–21481 Filed 8–23–01; 8:45 am]
BILLING CODE 3510–16–P

DEPARTMENT OF COMMERCE

[Docket No. 010723184–118401]
RIN 0651–AB30

Establishment of a Database
Containing the Official Insignia of
Federally and State Recognized Native
American Tribes
AGENCY: United States Patent and
Trademark Office, Commerce.
ACTION: Procedures for establishment
and maintenance of a database of the
official insignia of federally and staterecognized Native American tribes.

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SUMMARY: The United States Patent and
Trademark Office (USPTO) is
announcing the procedures it will
follow in creating and maintaining a
database of the official insignia of
federally and state-recognized Native
American tribes. The database,
recommended in a report required by
the Trademark Law Treaty
Implementation Act, will assist
examining attorneys in their
examinations of applications for
registration.

The
Trademark Law Treaty Implementation
Act, Pub. L. 105–330, § 302, 112 Stat.
3071 (1998) required the USPTO to
study issues surrounding protection of
the official insignia of federally and
state-recognized Native American tribes.
The study was conducted, and a report
was presented to the Chairman of the
Committee on the Judiciary of the
Senate and to the Chairman of the
Committee on the Judiciary of the House
of Representatives on November 30,
1999 (hereinafter ‘‘the Report’’).
One of the recommendations set forth
in the Report was that the USPTO create
and maintain an accurate and
comprehensive database of the official
insignia of Native American tribes.

SUPPLEMENTARY INFORMATION:

United States Patent and Trademark
Office

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Price

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$50 plus $.35 per page of paper
output
$50 plus $.70 per page of label
stock output
$50 plus $25/diskette

$3/requested subclass on paper
$3/requested subclass plus additional $25

On January 9, 2001, the USPTO
published a notice in the Federal
Register describing the proposed
procedures for creating and maintaining
the database (Federal Register, Vol. 66,
No. 6), and requesting comments on
these procedures.
Two parties submitted responses to
the January 9, 2001 Federal Register
Notice. One party submitted a comment
regarding the proposed procedures for
creating and maintaining the database, a
request that the USPTO extend the time
for submitting comments regarding the
database, and a suggestion that the
USPTO allow third parties to object to
particular requests for entries of insignia
in the database. Additionally, that party,
as well as the other party that submitted
a response, objected to the creation of
the database.
Acceptable Form for Insignias
The proposed procedures published
in the notice of January 9, 2001,
provided that, if an insignia consists
solely of a word or words, then the
request to enter that insignia in the
database should include a depiction of
the word or words in uppercase letters.
Comment: One comment suggested
that the proposed procedures should not

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44604

Federal Register / Vol. 66, No. 165 / Friday, August 24, 2001 / Notices

have allowed parties to submit requests
to record matter comprised solely of
words. This comment noted that the
Report suggested that words, by
themselves, could not function as
official insignia of Native American
tribes. Instead, the Report provided that
insignia would be defined as ‘‘flag or
coat of arms or other emblem or device
of any federally or state-recognized
Native American tribe, as adopted by
tribal resolution and notified to the U.S.
Patent and Trademark Office.’’
Accordingly, the comment suggested
that the database not include entries of
matter comprised solely of words.
Response: The suggestion has been
adopted. The procedures for requesting
entry of an insignia in the database have
been modified to delete the reference to
insignia composed solely of words, and
to clarify that in order to be entered into
the database, an insignia must consist of
a flag or coat of arms or other emblem
or device of any federally or staterecognized Native American tribe, as
adopted by tribal resolution.
Propriety of Creating and Maintaining
the Database of Insignia of Federally
and State Recognized Native American
Tribes
Two comments suggested that the
USPTO should not establish a database
of insignia of federally and staterecognized Native American Tribes.
Both of these comments argued that the
establishment of the database will
confer rights on Native American Tribes
that are not enjoyed by other groups.
Additionally, both comments also
argued that the USPTO would incur
substantial costs in maintaining the
database.
Response: The USPTO does not
believe that entry of the official insignia
of a Native American Tribe in the
database will confer any rights on that
tribe. The presence of an insignia in the
database will not create any legal
presumption of validity or priority, and
none of the benefits of Federal
trademark registration will accrue to a
Native American tribe whose insignia is
recorded pursuant to this notice. The
sole function of the database will be to
assist examining attorneys in their
examination of applications for
registration.
The USPTO believes that it currently
has adequate resources to create and
maintain the database. Additionally, it
is noted that the database is being
created pursuant to one of the
recommendations of the Report. The
Senate Appropriations Committee
directed the USPTO to comply with this
recommendation by creating and
maintaining the database. See Senate

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Report 106–404 and H. Report 106–
1005.
Time for Submitting Comments
One comment suggested that if
comments regarding the proposed
procedures were not received from each
of the thirty-six entities who
commented on the Report, then the
USPTO should extend the period for
commenting on the proposed
procedures.
Response: The USPTO does not
believe that it is necessary to extend the
comment period. The USPTO believes
that the thirty-day period provided for
submitting comments was sufficient to
allow all interested parties to prepare
and submit comments.
Third Party Objections to Entry of
Insignia
One comment suggested that
establishment of the database would
require the USPTO to accept and
consider objections from third parties to
the recordal of particular insignia.
Response: The USPTO does not
believe that it should consider third
party objections to entries of insignia in
the database. The entry of an insignia
will not confer any rights on the tribe
that submitted the insignia. The sole
function of the database will be to assist
examining attorneys in their
examination of applications for
registration. Because no rights will
accrue from entries of insignia into the
database, it is unlikely that there can be
any grounds for objecting to these
entries.
Procedures for Submitting Requests for
Entry of Insignia in the Database of
Insignia of Federally and State
Recognized Native American Tribes
All requests to enter an official
insignia of a Native American tribe into
the USPTO database must be in writing,
addressed to the Commissioner for
Trademarks, and must include the
following:
(1) A depiction of the insignia. This
depiction should not be larger than 4
inches by 4 inches (10.3 cm. by 10.3
cm.), and should be placed at or near
the center of a sheet of white paper 8 to
81⁄2 inches (20.3 to 21.6 cm.) wide and
11 inches (27.9 cm.) long. The paper
should have a heading that includes the
name of the tribe and the address for
correspondence;
(2) A copy of the tribal resolution
adopting the insignia in question as the
official insignia of the tribe;
(3) A statement, signed by an official
with authority to bind the tribe,
confirming that the insignia included
with the request is identical to the

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official insignia adopted by tribal
resolution; and
(4) For all entities not recognized as
Native American tribes by the Bureau of
Indian Affairs (BIA), either: (a) a
document issued by a state official that
evidences the state’s determination that
the entity is a Native American tribe, or
(b) a citation to a state statute
designating the entity as a Native
American tribe.
The request should be sent by
facsimile to (703) 872–9192, or mailed
to the Commissioner for Trademarks at
the following address: P.O. Box 16471,
Arlington, Virginia 22215.
The insignia must consist of a flag or
coat of arms or other emblem or device
of any federally or state-recognized
Native American tribe, as adopted by
tribal resolution. A word or words alone
will not be considered an insignia, and
will not be entered in the insignia
database.
The USPTO will record any official
insignia of a Native American tribe
submitted in the manner described
above, if the Commissioner determines
that the entity that submitted the
request is a Native American tribe
recognized by the Federal Government
or by one or more state governments.
The Commissioner will determine
whether the entity that submitted the
request is a federally recognized Native
American tribe by consulting the list of
Native American tribes maintained by
the BIA.
If an entity seeking recordal of its
insignia wishes to demonstrate that it is
a state-recognized Native American tribe
rather than a federally recognized
Native American tribe, that entity must
provide the Commissioner with either:
(1) A document issued by a state official
that evidences the state’s determination
that the entity is a Native American
tribe, or (2) a citation to a state statute
designating the entity as a Native
American tribe.
The USPTO will begin to accept
requests to record insignia one week
after the publication of this notice.
Legal Significance of Recordal
The recordal of an official insignia of
a Native American tribe at the USPTO
will not be the equivalent of registering
that insignia as a trademark pursuant to
15 U.S.C. 1051 et seq. Thus, including
an insignia in the USPTO’s database
will not create any legal presumption of
validity or priority, and none of the
benefits of federal trademark registration
will accrue to a Native American tribe
whose insignia is recorded pursuant to
this notice.
Acceptance of the insignia for
recordal will not be a determination as

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Federal Register / Vol. 66, No. 165 / Friday, August 24, 2001 / Notices
to whether a particular insignia for
which recordal has been requested
would be refused registration as a
trademark pursuant to 15 U.S.C. 1051 et
seq., or to some provision of Chapter 37
of the Code of Federal Regulations, or to
any requirement of the USPTO.
The USPTO will use the official
insignia recorded by the USPTO as
information useful in the examination of
certain applications for registration of
trademarks and as evidence of what a
federally or state-recognized tribe
considers to be its official insignia.
The database of official insignia of
Native American tribes will be
included, for informational purposes,
within the USPTO’s database of material
that is not registered but is searched to
make determinations regarding the
registrability of marks. This database is
available at the USPTO’s web site.
Inclusion of official insignia in this
database will ensure that an examining
attorney, who is searching a mark that
is confusingly similar to an official
insignia will find and consider the
official insignia before making a
determination of registrability.
For correspondence pertaining to the
database of official insignia of Native
American tribes, the Under Secretary of
Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office has waived the
requirement of 37 CFR 1.1 that all
correspondence intended for the United
States Patent and Trademark Office be
mailed to one of the addresses identified
in 37 CFR 1.1.
The USPTO is in the process of
requesting approval for establishment of
the database under the Paperwork
Reduction Act from the Office of
Management and Budget.
The USPTO has determined that the
proposed establishment of the database
has no federalism implications affecting
the relationship between the National
Government and the State as outlined in
Executive Order 13132. The USPTO has
further determined that the proposed
establishment of the database has no
tribal implications as described in
Executive Order 13175.
FOR FURTHER INFORMATION CONTACT: Ari
Leifman by telephone at (703) 308–
8900, or by mail addressed to: P.O. Box
16471, Arlington, Virginia, 22215, or by
facsimile to (703) 872–9285, marked to
the attention of Ari Leifman.

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Dated: August 20, 2001.
Nicholas P. Godici,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. 01–21479 Filed 8–23–01; 8:45 am]
BILLING CODE 3510–16–P

CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Information Collection; Submission for
OMB Review; Comment Request
AGENCY: Corporation for National and
Community Service.
ACTION: Notice.
SUMMARY: The Corporation for National
and Community Service (hereinafter the
‘‘Corporation’’) has submitted a public
information collection request (ICR) to
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(OMB) for review and approval in
accordance with the Paper Reduction
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with applicable supporting
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Individuals who use a
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• Propose ways to enhance the
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44605

electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
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The Corporation is soliciting
comments concerning its proposed
renewal of its AmeriCorps*NCCC Team
Leader Application, OMB Control
Number 3045–0005. This form Is due to
expire on September 30, 2001.
Type of Review: Renewal.
Agency: Corporation for National and
Community Service.
Title: AmeriCorps*NCCC Team
Leader Application Form.
OMB Number: 3045–0005.
Agency Number: None.
Affected Public: Citizens of diverse
ages and backgrounds who are
committed to national service.
Total Respondents: 250.
Frequency: Bi-Annually.
Average Time Per Response: Two
hours.
Estimated Total Burden Hours: 1,000
hours.
Total Burden Cost (capital/startup):
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Total Burden Cost (operating/
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Description
This form is used to collect
information that will be used by
AmeriCorps*NCCC staff in the
evaluation and selection of Team
Leaders who wish to serve as Team
Leaders at AmeriCorps*NCCC regional
campuses. When revised, the form will
include discussion concerning an
additional application consideration
period and will be used for the same
purpose and in the same manner as the
existing form.
Dated: August 20, 2001.
Fred Peters,
Acting Director, AmeriCorps*National
Civilian Community Corps.
[FR Doc. 01–21458 Filed 8–23–01; 8:45 am]
BILLING CODE 6050–$$–P

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