H.R. 3372 · 109th Congress
United States Trademark Defense Act of 2005
- Stage
- In committee
- Sponsor
- Jeff Flake
- Introduced
- 2005-07-21
- Latest action
- 2005-08-23 · Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Summary
United States Trademark Defense Act of 2005 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government.
Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing any applicable prohibition on transactions or payments.
Authorizes U.S. courts to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights or registration or under any applicable provision of law or any applicable treaty to which the United States is a party.
Requires the United States Trade Representative to examine policies and practices of Cuba with respect to protecting and enforcing intellectual property rights.