S1638 CONGRESSIONAL RECORD — SENATE February 27, 2001 the International Bureau of other relevant portant and desirable. Unfortunately, cessful resolution on this issue of vot- information pertaining to requests for exten- achieving similar protection on an ing rights has been reached, and I was sion within the designated time periods. international scale has always been a pleased that the Senate finally re- If an extension for protection is granted, much more difficult task. This dif- ceived the Administration’s request for the Director issues a certificate attesting to such action, and publishes notice of the cer- ficulty stems in large part from the di- its advice and consent last year. By tificate in the ‘‘Gazette.’’ Holders of exten- versity among national trademark passing The Madrid Protocol Imple- sion certificates thereafter enjoy protection laws, as well as the sometimes prohibi- mentation Act, we will take an impor- equal to that of other owners of registration tive costs of filing individual registra- tant step in making sure that Amer- listed on the Principal Register of the PTO. tions and seeking foreign representa- ican trademark owners will be able to If the International Bureau notifies the tion in each and every country for take full advantage of the benefits of PTO of a cancellation of some or all of the which trademark protection is sought. the Protocol as soon as it comes into goods and services listed in the international As a result, American businesses, and force with respect to the United States. registration, the Director must cancel an ex- small businesses in particular, are This is a particularly important meas- tension of protection with respect to the ure for American competitiveness, and same goods and services as of the date on often forced to pick only a handful of which the international registration was countries in which to seek protection for the individual businesses in each of canceled. Similarly, if the International Bu- for their brand names and hope for the our states. I want to thank Senator reau does not renew an international reg- best in the rest of the world. LEAHY for his leadership with respect istration, the corresponding extension of In the past, Senator LEAHY and I to this legislation, and I look forward protection in the United States shall cease have sponsored a number of bills ad- to my colleagues’ support for it. to be valid. Finally, the holder of an inter- dressing the international protection national registration canceled in whole or in of intellectual property. In the trade- By Mrs. BOXER (for herself and part by the International Bureau may file an mark arena, we strongly supported leg- Mrs. FEINSTEIN): application for the registration of the same S. 408. A bill to provide emergency islation implementing the Trademark mark for any of the goods and services to relief to small businesses affected by Law Treaty. That treaty serves to which the cancellation applies that were significant increases in the price of covered by an extension of protection to the streamline the trademark registration electricity; to the Committee on Small United States based on that international process in member countries around Business. registration. the world and to minimize the hurdles The holder of an extension of protection Mrs. BOXER. Mr. President, today, I faced by American trademark owners am introducing the Small Business must, within designated time periods and in securing international protection of under certain conditions, file an affidavit Electricity Emergency Relief Act. As setting forth the relevant goods or services their marks. The legislation we intro- the electricity crisis in California con- covered an any explanation as to why their duce today will build upon those im- tinues, small businesses are being hit nonuse in commerce is related to ‘‘special provements by allowing trademark hard by the increase in electricity circumstances,’’ along with a filing fee. owners to seek international protec- prices. The right to an extension of protection tion with a single application filed in Across California, small business may be assigned to a third party so long as the English language with the United owners are opening their electricity the individual is a national of, or is domi- States Patent and Trademark Office, bills only to be in a state of shock. In ciled in, or has a ‘‘bona fide’’ business lo- USPTO, and with the payment of a sin- some cases they find that their bills cated in a country that is a member of the Protocol; or has such a business in a country gle fee. Most important, it paves the have doubled, and sometimes even tri- that is a member of an intergovernmental way for the USPTO to act as a one-stop pled. This has resulted in many small organization (like the E.U.) belonging to the shop for international trademark pro- businesses having to close their doors Protocol. tection without making substantive and many more facing severe economic An extension of protection conveys the changes to United States trademark hardship. same rights as an existing registration for law. Foreign trademark owners must Under the Small Business Electricity the same mark if the extension and existing still meet all of the substantive re- Emergency Relief Act of 2001, the registration are owned by the same person, quirements of United States trademark Small Business Administration could and extension of protection and the existing law in order to gain protection in the make loans to small businesses that registration cover the same goods or serv- have suffered economic injury due to a ices, and the certificate of extension is United States based on an inter- issued after the date of the existing registra- national application filed under the ‘‘sharp and significant increase’’ in tion. Madrid Protocol. In short, it is a win- their electricity bills. This legislation will provide Califor- SECTION 3. EFFECTIVE DATE win situation for American trademark owners. nia’s small businesses with some much This section states that the effective date needed financial relief. This will great- of the act shall commence on the date on As my colleagues here know, United which the Madrid Protocol takes effect in States adherence to the Madrid Pro- ly assist small businesses in the San the United States. tocol was stalled for years over admin- Diego region that suffered dramatic in- Mr. HATCH. Mr. President, today I istrative provisions—unrelated to the creases in their electricity bills last am pleased to introduce with my dis- substance of the Protocol itself—relat- summer. tinguished colleague, Senator LEAHY, ing to voting rights. Since 1994, the Ad- Small businesses represent the heart legislation that will, for the first time, ministration voiced objections to these of our great state’s thriving economy. enable American businesses to obtain provisions, which would allow an inter- This legislation will ensure that these international trademark protection governmental organization, e.g., the small businesses are provided assist- with the filing of a single application European Union, a vote in certain trea- ance to help keep their lights on. and the payment of a single fee. ty matters taken before the Assembly, f For many businesses, a company’s separate and apart from the votes of its STATEMENTS ON SUBMITTED trademark is its most valuable asset. member states. Although matters be- RESOLUTIONS This is illustrated now as never before fore the Assembly would largely be in the growth of the new Internet econ- limited to administrative matters, e.g., omy, where so-called ‘‘branding’’ is the those involving formalities and fee SENATE RESOLUTION 28—TO AU- name of the game and the cornerstone changes, the concern expressed has THORIZE TESTIMONY AND of any business plan. Whether a busi- been that these provisions, which ap- LEGAL REPRESENTATION IN ness is an e-business or a more tradi- pear to violate the democratic prin- STATE OF IDAHO V. FREDRICK tional Main Street storefront, United ciple of one vote for each state, would LEROY LEAS, SR. States trademark law has proven to be create an undesirable precedent in fu- Mr. LOTT (for himself and Mr. a powerful tool for these businesses in ture international agreements. DASCHLE) submitted the following reso- protecting their marks against domes- While this stumbling block to United lution; which was considered and tic misappropriation. However, as glob- States accession to the Protocol has agreed to. al trading increases and multinational been the subject of much negotiation S. RES. 28 businesses grow, worldwide trademark between the United States and the Eu- Whereas, in the case of State of Idaho v. protection is becoming extremely im- ropean Union, I am pleased that a suc- Fredrick Leroy Leas, Sr., C. No. CR–00–01326, VerDate Mar 15 2010 03:56 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2001 CONGRESSIONAL RECORD — SENATE S1639 pending in the District Court Of The Second Whereas in days following the passing of vidual consultants, or organizations thereof Judicial District Of The State Of Idaho, in Dale Earnhardt, fellow drivers and NASCAR (as authorized by section 202(i) of the Legis- and for the County of Latah, testimony has officials repeatedly referred to him as ‘‘the lative Reorganization Act of 1946); and been subpoenaed from Cindy Agidius, an em- greatest driver in the history of the sport’’: (2) not to exceed $4,000, may be expended ployee in the office of Senator Mike Crapo; Now, therefore,be it for the training of the professional staff of Whereas, pursuant to sections 703(a) and Resolved, That the Senate— the committee (under procedures specified 704(a)(2) of the Ethics in Government Act of (1) Recognizes that the world has too soon by section 202(j) of that Act).