Bill > HR1278

This bill, the Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013, amends the Trademark Act of 1946, also known as the Lanham Act, to prevent the registration and allow for the cancellation of trademarks that use the term "redskin" or any variation thereof when those marks refer to or are commonly understood to refer to Native Americans, establishing a conclusive presumption that such marks are disparaging. This means that if a trademark uses "redskin" in connection with Native Americans, or if the Director of the United States Patent and Trademark Office (USPTO) determines the term is commonly understood to refer to Native Americans, it will be considered disparaging and grounds for refusal of registration or cancellation of an existing registration. The bill also makes conforming amendments to other sections of the Trademark Act related to cancellation and incontestability of registrations, and its provisions apply to all marks registered or applied for before, on, or after its enactment date.