June 27, 2001
Letter Regarding S. 407, Madrid Protocol Implementation Act
Senator Patrick J. Leahy
Chairman, Committee on the Judiciary
United States Senate
224 Dirksen Senate Office Building
Washington, D.C. 20510
Dear Mr. Chairman:
I am writing to convey the strong support of the U.S. Council for International Business (USCIB) for the passage without amendment of S. 407 -- the Madrid Protocol Implementation Act. Enactment of S. 407 would permit the United States to ratify the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks ("the Madrid Protocol").
USCIB works to promote an open system of world trade, finance and investment in which business can flourish and contribute to economic growth, human welfare and protection of the environment. Representing some 300 U.S. companies, professional services firms and associations, it is the American affiliate of the International Chamber of Commerce, the Business and Industry Advisory Committee to the OECD and the International Organization of Employers. USCIB also facilitates international trade by working toward harmonization of international commercial practices in such areas as customs and arbitration.
One of the overarching interests of USCIB members is to promote consistent and fair rules of international trade. Ratification of the Madrid Protocol would further that goal by eliminating obstacles to, and reducing the costs associated with, obtaining and maintaining foreign trademark registrations.
Trademarks are among the most valuable and essential assets of almost any business. The exclusive right of a trademark owner to register and use a mark is an essential element of establishing and preserving a business identity and reputation among consumers, and is critical to preventing product piracy and unfair competition. Presently, in order to protect this crucial asset abroad, U.S. companies engaged in international business must seek trademark protection in other countries by undertaking the costly and onerous process of registering and renewing their trademarks on a country-by-country basis. This entails the filing of differing forms and legal documents in each jurisdiction, in the local language, payment of varying filing fees, and the maintenance and renewal of each registration individually.
U.S. adherence to the Madrid Protocol would significantly simplify the process of seeking international trademark protection by permitting trademark owners to file only a single form, accompanied by a single fee, with the U.S. Patent and Trademark Office. That filing would request the extension of the trademark registration to specified Protocol member countries. The trademark would become centrally registered with the Geneva-based World Intellectual Property Organization, which would effect the foreign registrations and renewals on behalf of the applicant.
We understand that the issues related to Section 211 of the Omnibus Appropriations Act of 1998, which delayed consideration of the ratification resolution, are now being addressed by the Foreign Relations Committee in a manner that is mutually acceptable to the parties involved. Therefore, USCIB urges the Senate Judiciary Committee to reject any amendments to S. 407 that would be related to this issue, just as the House Judiciary Committee did when it approved H.R. 741, the companion bill of S. 407.
Sincerely,
Thomas M.T. Niles,
