Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs, to which was referred H.B. No. 601 entitled:

beg leave to report as follows:

The purpose of this bill is to update Hawaii's trademark law by conforming chapter 482, Hawaii Revised Statutes, to the most recent version of the Model State Trademark Bill.

Currently, Hawaii trademark law provides little more than notice that a mark is registered with the State. This measure provides state trademark holders with a remedy, primarily in the form of increased penalties, for direct infringement as well as for dilution, or the weakening of the distinctive quality of a famous trademark. The measure also includes provisions:

The Business Registration Division of the Department of Commerce and Consumer Affairs testified in support of this measure.

Your Committees find that the International Trademark Association's Model State Trademark Bill, which has been adopted by 46 states, will better protect trademark holders, promote uniformity with the laws of other states, and facilitate the free flow of commerce between Hawaii and the other states.

Upon closer review of the bill, your Committees corrected a typographical error in the bill's title. As amended, the title of the bill now reads: "A BILL FOR AN ACT RELATING TO TRADE MARKS."

Other technical, nonsubstantive amendments were also made purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 601, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 601, H.D. 1, and be placed on the calendar for Third Reading.