Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1809

Introduced
11/8/23  

Caption

In trademarks, further providing for definitions, providing for Native American trademarks, establishing the Native American Trademarks Fund and providing for administrative powers and duties relating to Native American trademarks and for cancellation of marks.

Impact

If enacted, HB 1809 would impose notable changes to the management of trademarks related to Native American communities. It aims to ensure that any commercial use of these trademarks requires consent from the specified Native American group, thus centralizing control over their cultural identifiers and preventing misuse. The bill also lays the groundwork for the establishment of the Native American Trademarks Fund, which will accumulate fees from non-Native American users and allocate resources for cultural and educational initiatives that bolster Native American communities in the Commonwealth.

Summary

House Bill 1809 seeks to amend Title 54 of the Pennsylvania Consolidated Statutes regarding trademarks, specifically focusing on providing protections and rights for trademarks associated with Native American groups. The bill establishes that Native American names, likenesses, and cultural symbols will be recognized as trademarks and underscored that ownership shall primarily rest with federally recognized organizations representing these groups. This legislative measure is seen as a crucial step towards recognizing and safeguarding the cultural heritage of Native Americans within Pennsylvania.

Sentiment

The overall sentiment surrounding HB 1809 appears to be positive among Native American advocacy groups and cultural representatives, as it provides a formal mechanism to assert rights over their cultural trademarks. However, there may be some contention among non-Native commercial entities concerned about the implications of fee requirements and limitations on the use of specific symbols. The sentiment reflects a larger societal understanding of the need to respect and protect the uniqueness and history of Native American cultures.

Contention

Key points of contention within the discussions surrounding HB 1809 involve the balance between protecting cultural heritage and allowing commercial use. Differing opinions may arise regarding what constitutes proper use of trademarks associated with Native American culture and where the limits should be drawn. Additionally, the enforcement of these regulations and the administrative duties of the department tasked with overseeing the Native American Trademarks Fund could also be points of debate as the bill is considered.

Companion Bills

No companion bills found.

Previously Filed As

PA SF0053

Trademarks and trade names-administrative cancellation.

PA SB505

Providing for formal recognition by the Governor of Native American bands or clans, nations and tribes indigenous to Pennsylvania; providing for certification of Native American organizations; establishing the Commission on Native American Affairs; conferring powers and imposing duties on the Department of Community and Economic Development; and imposing a penalty.

PA AB1144

Trademarks.

PA HB2103

Trademarks; service marks; trade names

PA HB1367

Trademarks and labels; trademarks and labels reform; Oklahoma Trademarks and Labels Reform Act of 2021; effective date.

PA HB1370

Trademarks and labels; trademarks and labels reform; Oklahoma Trademarks and Labels Reform Act of 2021; effective date.

PA HB1369

Trademarks and labels; trademarks and labels reform; Oklahoma Trademarks and Labels Reform Act of 2021; effective date.

PA HB1366

Trademarks and labels; trademarks and labels reform; Oklahoma Trademarks and Labels Reform Act of 2021; effective date.

PA HB1368

Trademarks and labels; trademarks and labels reform; Oklahoma Trademarks and Labels Reform Act of 2021; effective date.

PA HB2685

Trademarks and labels; Trademarks and Labels Act of 2025; effective date.

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PA HB157

In Pennsylvania PreferredĀ® Trademark, further providing for definitions, for Pennsylvania PreferredĀ® trademark, for licensee qualification, for duties and authority of department, for trademark license agreement, application and licensure process, for costs, for Pennsylvania PreferredĀ® Trademark Licensing Fund, for injunctive relief, for rules and regulations and for purpose, repealing provisions relating to definitions and further providing for qualified veterans and qualified veteran business entities.