,i #aacth ,,congress #ast ,session ,h4 ,r4 #abgh ,,in ,,the ,,house ,,of ,,representatives ,march #bj1 #bjac ,mr4 ,faleomavaega 7for himself1 ,mr4 ,cole1 ,ms4 ,mc,collum1 ,ms4 ,norton1 ,mr4 ,grijalva1 ,ms4 ,bass1 ,ms4 ,moore1 ,mr4 ,lewis1 ,mr4 ,honda1 and ,mrs4 ,christensen7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,trademark ,act of #aidf regarding the disparagement of ,native ,american persons or peoples through marks that use the term redskin1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,non-,disparagement of ,native ,american ,persons or ,peoples in ,trademark ,registration ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,the use of the terms redskin and redskins in trademarks is widely understood to refer to or imply a negative reference to ,native ,american persons or peoples1 or both4 7#b7 ,the term redskin has been demonstrated by overwhelming linguistic and historical evidence to constitute a disparaging epithet insulting to ,native ,american persons or peoples1 or both4 7#c7 ,major ,native ,american organizations1 including the ,national ,congress of ,american ,indians1 the ,national ,indian ,education ,association1 the ,native ,american ,journalists ,association1 the ,native ,american ,rights ,fund1 the ,morning ,star ,institute1 the ,international ,indian ,treaty ,council1 and the ,national ,indian ,youth ,council1 have opposed the continued use of the term redskin in trademarks or as the name of sports teams4 7#d7 ,recent psychological evidence has demonstrated the general negative effects associated with references in sports to ,native ,american people4 7#e7 ,trademarks containing the term redskin1 or any derivation of the term1 should not continue to enjoy the benefits of ,federal registration4 #c4 ,references to ,trademark ,act of #aidf ,in this ,act1 the term ,trademark ,act of #aidf means the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7commonly referred to as the ,lanham ,act2 #ae ,u4,s4,c4 #ajea et seq474 #d4 ,registration of marks containing certain terms ,section #b7;a7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajeb7;a77 is amended by adding at the end the following3 ,a mark consisting of or including the term redskin or any derivation of the term redskin shall be conclusively presumed to consist of matter which may disparage persons if 7#a7 the mark has been1 is1 or is intended to be used in commerce in connection with references to or images of one or more ,native ,american persons or peoples1 or to ,native ,american persons or peoples in general2 or 7#b7 the ,director determines that the term as included in the mark is commonly understood to refer to one or more ,native ,americans persons or peoples1 or to ,native ,american persons or peoples in general44 #e4 ,cancellation of marks ,section #ad of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajfd7 is amended-- 7#a7 in the text before paragraph 7#a71 by striking ,a petition to cancel and inserting 7a7 ,petitions to cancel4--,a petition to cancel2 and 7#b7 by adding at the end the following3 7b7 ,cancellation of marks containing certain terms 7#a7 ,in general ,notwithstanding any other provision of this ,act1 the ,director shall cancel a registration of a mark containing the term redskin or any derivation of the term redskin if-- 7,a7 the mark has been or is used in commerce in connection with references to or images of one or more ,native ,american persons or peoples1 or to ,native ,american persons or peoples in general2 or 7,b7 the ,director determines that the term as included in the mark is commonly understood to refer to one or more ,native ,american persons or peoples1 or to ,native ,american persons or peoples in general4 7#b7 ,renewal ,a registration cancelled under paragraph 7#a7 shall not be subject to renewal pursuant to section #i of this ,act4 4 #f4 ,conforming amendments 7a7 ,cancellation due ,to blurring or dilution by tarnishment ,section #b7;f7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajeb7;f77 is amended in the final sentence by striking section #ad and inserting section #ad7;a74 7b7 ,exception to incontestability ,section #ae of such ,act 7#ae ,u4,s4,c4 #ajfe7 is amended in the text before paragraph 7#a7 by striking section #ad of this ,act1 and inserting section #ad7;a7 of this ,act or for which a registration is required to be cancelled under section #ad7;b7 of this ,act14 #g4 ,effective date ,this ,act shall take effect on the date of the enactment of this ,act and shall apply to-- 7#a7 any mark that is registered under the ,trademark ,act of #aidf before1 on1 or after such date2 and 7#b7 any application to register a mark under that ,act that is pending on1 or filed on or after1 such date4