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December 3, 1999
via pechanga.net
Federal Government To Protect Tribal Insignia
http://www.abqjournal.com/news/1zia12-04-99.htm
The Associated Press The federal government now has concrete steps on how to protect 
official American Indian tribal insignia, such as the Zia sun symbol.

Prompted by a law passed last year, the U.S. Patent and Trademark Office has been 
asking Indians to suggest how to establish a list of official insignia that would be 
protected from trademark. The patent office, based on suggestions from groups across 
the country, put together a report recommending how the federal government can go 
about protecting the tribes' symbols. The report was released this week by Sen. Jeff 
Bingaman, D-N.M.

"Some of the recommendations outlined in this study are good, concrete steps we can 
take to better protect official tribal insignia," Bingaman said.

The report recommends the patent office create a comprehensive database containing the 
official tribal symbols of all state and federally recognized Indian tribes.

It also affirms that the Trademark Act protects tribal symbols from being trademarked 
in a way that falsely suggests a connection with a tribe, or disparages a tribe's 
beliefs.

While Bingaman is pleased with some of the recommendations made in the report, he's 
disappointed it was not recommended that tribal insignia be added to the list of 
flags, coats of arms and other official symbols that are protected from trademarking.

"I believe adding tribal insignia to this list would put more weight behind the law, 
and ensure trademark legislation squarely on the side of Native American tribes who 
want to protect their insignia," he said. The senator said he intends to write to the 
director of the patent office pressing for the addition of tribal insignia to the list 
of other official symbols.
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine 
of international copyright law.
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